Rape Consultation Paper
Rape Laws in Hong Kong
General Definition of Rape
The statutory provisions on rape (Part XII of the Crimes Ordinance) in Hong Kong are based on s. 1 of the (UK) Sexual Offences Amendment Act 1976. However, the current rape laws in England are regulated by the Sexual Offences Act 2003, which Hong Kong did not follow.
Section 118(3) of the Crimes Ordinance provides a general definition of rape as ‘A man commits rape if - (a) he has unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it; and (b) at that time he knows that she does not consent to the intercourse or he is reckless as to whether she consents to it’. This section essentially emphasizes on man taking the active role and female taking the victimized role in rape. Thus, ‘only a man can be found guilty of rape as a principal offender, and only a woman can be a victim of rape’ (consultation paper).
Instruments of rape
“The act of sexual intercourse must consist of penetration of the woman's vagina by the man's sexual organ, ie his penis. The slightest penile penetration of the vagina is sufficient to prove sexual intercourse. Penile penetration of a part of the victim's body other than the vagina, such as the mouth or anus, does not therefore amount to rape, nor does penetration of the vagina by an object or a part of the body other than a penis” (Consultation Paper).
Why Gender Bias? – Feminism Legal Theory (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1297365)
‘Maleness has been constructed in a number of ways by statutes, judicial decisions, and legal reasoning … The image of masculinity is also formed by legal responses to areas in which men suffer injuries. Laws preventing male plaintiffs from suing for same-sex sexual harassment, and analysts' lack of interest in male rape and spousal battery of men contribute to a climate in which men are taught to suffer in silence.’
‘Gender role stereotypes involve both male and female
General Definition of Rape
The statutory provisions on rape (Part XII of the Crimes Ordinance) in Hong Kong are based on s. 1 of the (UK) Sexual Offences Amendment Act 1976. However, the current rape laws in England are regulated by the Sexual Offences Act 2003, which Hong Kong did not follow.
Section 118(3) of the Crimes Ordinance provides a general definition of rape as ‘A man commits rape if - (a) he has unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it; and (b) at that time he knows that she does not consent to the intercourse or he is reckless as to whether she consents to it’. This section essentially emphasizes on man taking the active role and female taking the victimized role in rape. Thus, ‘only a man can be found guilty of rape as a principal offender, and only a woman can be a victim of rape’ (consultation paper).
Instruments of rape
“The act of sexual intercourse must consist of penetration of the woman's vagina by the man's sexual organ, ie his penis. The slightest penile penetration of the vagina is sufficient to prove sexual intercourse. Penile penetration of a part of the victim's body other than the vagina, such as the mouth or anus, does not therefore amount to rape, nor does penetration of the vagina by an object or a part of the body other than a penis” (Consultation Paper).
Why Gender Bias? – Feminism Legal Theory (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1297365)
‘Maleness has been constructed in a number of ways by statutes, judicial decisions, and legal reasoning … The image of masculinity is also formed by legal responses to areas in which men suffer injuries. Laws preventing male plaintiffs from suing for same-sex sexual harassment, and analysts' lack of interest in male rape and spousal battery of men contribute to a climate in which men are taught to suffer in silence.’
‘Gender role stereotypes involve both male and female