fickle: (fuck off and die)
Fickle ([personal profile] fickle) wrote2006-09-15 12:02 am

Scottish rape laws.

Read them.

Trust me, I couldn't phrase it anywhere near as well as they have.

But just to convince you to click, here are some choice excerpts:

In Scotland, it [rape] can only be committed by males upon females, which appears to mean by persons biologically male at birth upon persons born biologically female.

Translation: If you're a guy, tough luck. You can't accuse anyone of raping you, because it couldn't have happened.

But where the accused has no involvement at all in producing the victim’s state of insensibility and where he happens upon her by chance and has sexual intercourse with her when she is totally unaware of his presence and intentions, then it cannot be established that she demonstrated unwillingness. Therefore, it cannot be shown that any force was used to overcome unwillingness which never existed in fact; therefore, there is no rape.

Translation: If you find an unconscious girl and fuck her, it's not rape.

What have come to be known graphically as “oral sex” and “anal sex” do
not qualify as rape and digital penetration is not sufficient to constitute rape.


Translation: Rape = penis into vagina with lots of violence or threats thereof. Nothing else counts. And that is why guys can't get raped -- they don't have vaginas! Wow. Groundbreaking theory there.

Just read it. I'm hissing, snarling and wanting to shake the fucking idiots who came up with those definitions, so I think this is about as much commentary as I can dish out.

Edit:

Lysander [PWNED, care of Fickle] says:
And then there's the added bonus of the fact that rapists were allowed to cross-examine their victims in court and use any and every bit of info they had on prior sexual history until the law finally was passed to stop that after a girl committed suicide after being cross-examined by her rapist for five days straight during which he wore the same outfit he was wearing when he assaulted her and made her hold up the panties she was wearing at the time for the court. Repeatedly. I hate them all and want them to die.

[identity profile] fairly-grimm.livejournal.com 2006-09-15 04:00 am (UTC)(link)
...Damn, I run-on when I'm flaily. Hadn't noticed.

[identity profile] fickle-goddess.livejournal.com 2006-09-15 04:16 am (UTC)(link)
Too much to say, not enough breath to say it with.

[identity profile] fairly-grimm.livejournal.com 2006-09-15 04:54 am (UTC)(link)
Mhm. ...More than too much to say. Too much stupidity to take in, and the fact that you didn't know about the laws until I stabbed you/I didn't find out about them until a few weeks back/Analyst only found out accidentally and it's her own country/someone hasn't changed it in all this time/people like that exist and they're the majority/f;dsjdfgldjgasd;lkjdsfsdf. Blows my mind that something like this can just sit there for years without there being enough of a fight we even know it's happening.

[identity profile] fickle-goddess.livejournal.com 2006-09-15 05:36 am (UTC)(link)
I can't believe I didn't know about this. @_@ You'd think that at least one of my feminist books would have covered Crazy Shit in Scotland. But man. I can't believe that that type of law exists in this time and in a supposedly civilized, secular country!

[identity profile] a-white-rain.livejournal.com 2006-09-15 04:23 am (UTC)(link)
lkdjfgal;sjkfsadkxfasd.kfasdkmfc sazljkfmasd i WHAT THE FUCK WHAT THE FUCK WHAT THE FUCK.

PLZ EXPLAIN WHO DID THIS AND WHERE THEIR BRAIN WENT.

MY CAPLOCKS DON'T PROPERLY EXPRESS MY RAGE.

[identity profile] fickle-goddess.livejournal.com 2006-09-15 04:35 am (UTC)(link)
Scottish rape laws and as far as I can tell, they had NO minds. No other way to explain it.

Especially the bit about being BORN with a vagina. What, so post-op transsexuals can't get raped? Nice to know that the only vaginas that count are the ones God gives you.

Keep your religion out of everyone's politics, please. It's bad enough when it stops people from marrying but when it comes down to only natural girls being raped if they scream, fight and get brutally forced into sex, I think you're hitting a new low.

[identity profile] a-white-rain.livejournal.com 2006-09-15 04:58 am (UTC)(link)
and the idea that men can't be raped. WHAT THE FLYING FUCK.

[identity profile] fickle-goddess.livejournal.com 2006-09-15 05:33 am (UTC)(link)
And that forced anal sex doesn't count as rape because the Almighty-Vagina pwns all other orifices!

[identity profile] fickle-goddess.livejournal.com 2006-09-15 05:55 am (UTC)(link)
When you grow a penis. And then you can be a rapist too, except not in Scotland because in Scotland, it only counts if it's rape with a biological penis!

Brooms (http://www.salon.com/news/feature/1999/05/26/louima/) aren't damaging enough, even though they can cause so much more internal harm. Only a penis can really hurt you.

[identity profile] fickle-goddess.livejournal.com 2006-09-15 06:02 am (UTC)(link)
Not as much as that broom would hurt whoever made those laws.

Because fuck, even if they were all male, what's with the "men can't get raped" attitude? Are you not a 'real man' if you're raped? Are real men only the ones that were born with the equipment to be able to rape someone, or are the ones that actually do it?

I just have no idea what the hell those people were thinking when they wrote those laws, except maybe that they wanted to be as old-fashioned and idiotic as possible without caring about who gets hurt.

[identity profile] a-white-rain.livejournal.com 2006-09-15 01:01 pm (UTC)(link)
either way, those laws need to DIE.
ext_57119: house unity (Default)

[identity profile] princessjessia.livejournal.com 2006-09-15 04:23 am (UTC)(link)
...

WHAT. THE. FUCK?

*screams incoherently and throws something* That is... fucking ridiculous on a level I can't even wrap my brain around.

[identity profile] fickle-goddess.livejournal.com 2006-09-15 04:38 am (UTC)(link)
*felt much the same* Yes. Yes and yes and yes and YES.

If nothing else, I hate it for thinking that the default answer to "Do you want to have sex with me?" is a yes. No matter who's asking, who is being asked, or what the circumstances are. It's always yes, unless she says no, and even then, the no doesn't count unless they fight -- or so those laws claim.

[identity profile] des-butterfly.livejournal.com 2006-09-15 04:44 am (UTC)(link)
Note to self, note to self: DON'T MOVE TO SCOTLAND.

WHAT. THE. FUCK.

[identity profile] fickle-goddess.livejournal.com 2006-09-15 05:35 am (UTC)(link)
Or move to Scotland and petition for those laws to be changed. Change comes from the inside, not the outside.

...Unless we're talking invading armies, which I seriously doubt is unlikely to happen since getting up in arms about something is very differently to getting yourself armed and marching off.

[identity profile] am3thyst.livejournal.com 2006-09-15 05:24 am (UTC)(link)
Yeah, and even for American law, but a long time a husband couldn't "rape" his wife. So you can get raped by your husband but it wouldn't be considered as rape lawfully. O__o

[identity profile] fickle-goddess.livejournal.com 2006-09-15 05:39 am (UTC)(link)
But that's not the case now though. And lesbian and gay rape don't get dismissed as 'not rape' simply because of the lack of a penis or a vagina being involved in their respective cases.

The problem with the Scottish laws is that they're not from the past. They're here. They're now. If someone goes to Scotland and is raped, that's what they'll be up against -- a judge who only counts it as rape if the victim is biologically female, the criminal is biologically male, and she fought with everything she could to get away from him.

[identity profile] perivates.livejournal.com 2006-09-15 02:36 pm (UTC)(link)
... *runs around screaming and flailing*

Did they get the low end of the gene pool or what? X__x JEEZ.
shinsengumi: mushishi: ginko (Default)

[personal profile] shinsengumi 2006-09-15 04:28 pm (UTC)(link)
Old news. XD

Seriously, though, bullshit. Utterly.

[identity profile] fickle-goddess.livejournal.com 2006-09-15 07:21 pm (UTC)(link)
...Wait, how come YOU knew about this already when Scottish people didn't? And when I didn't?

*awed*
shinsengumi: mushishi: ginko (Default)

[personal profile] shinsengumi 2006-09-15 07:45 pm (UTC)(link)
Analyst wrote an essay on it not too long ago and linked to it.

[identity profile] fickle-goddess.livejournal.com 2006-09-15 07:56 pm (UTC)(link)
Ahh. Yeah, okay, that's when she found out about it. And since I don't have her friended, I only found out when Savior told me last night.

[identity profile] fidrich.livejournal.com 2006-09-15 05:19 pm (UTC)(link)
I... I had no idea about this. I LIVE IN FUCKING SCOTLAND.

SO. MUCH. RAGE.

Like FUCK am I not doing SOMETHING about this - even if it's just telling people! Fuck! Most people would ASSUME that the laws here are fucking SANE - I know I did - until they find out otherwise Jesus fucking Christ *HEADSPLODY*

(Er, [livejournal.com profile] princessjessica sent me this link because she knows I'm a Scot. I hope you don't mind me raging on your LJ like this. *sheepish*)

[identity profile] fickle-goddess.livejournal.com 2006-09-15 07:17 pm (UTC)(link)
Hey! No, you're completely allowed to rage about this as much as you like. Send as many people here as you want, link to it everywhere you can -- like you, a girl I know lived in Scotland and had no idea about it. I had no idea about it.

So, purpose of posting this wasn't just to vent on my part. It was to try to get the information out there, so that people will know what the fuck is wrong with the laws and work to fix them.

I like your reaction -- you're acknowledging it's wrong, you're understandably outraged and you plan to do something about it. *nodnod* Good priorities there.

[identity profile] bunnynumber13.livejournal.com 2006-09-15 10:01 pm (UTC)(link)
They had to be drunk when they made this law. It makes absolutely no sense.

And they call the Irish insane?

[identity profile] ceruleansan.livejournal.com 2006-09-16 07:52 am (UTC)(link)
JEGRDHJAFDSajakshj.

*STOMPS IN ANGER*

THAT, is /horrible/. Those people making these laws should be fucked up the ass, and not be able to protest because "it's not rape".

And the unconscious bit thingy... MAJOR WTF. Now I'm seeing the whole "saturated rape law" in a while new light, I can undertsand why they have that.

AAAAARGH, I wish I could just fly over there and throttle those people!

(Anonymous) 2006-09-16 11:32 am (UTC)(link)
That document was dated April 2001, and it was written in response to a notorious case from March 2001.


  • March 2002: Rape redefined to simply mean sex without consent (http://news.bbc.co.uk/1/hi/scotland/1886660.stm)
  • November 2002: Personal cross-examination by the accused rapist was banned (http://news.bbc.co.uk/1/hi/scotland/2384143.stm)
  • May 2004: Rape broadened to include anal and oral penetration (http://news.bbc.co.uk/1/hi/uk/3675057.stm) (text of law (http://www.opsi.gov.uk/acts/acts2003/30042--b.htm)). Use of a penis is still required for "rape" (section 1), but use of "anything else" (section 2) carries an equal punishment of life imprisonment, as does any instance where the offender was penetrated by the victim (section 4).


You might have wanted to do a quick search before you all started foaming at the mouth, or at least ask a Scottish person who actually follows the news.

Malcolm

[identity profile] fickle-goddess.livejournal.com 2006-09-16 08:58 pm (UTC)(link)
Oh, good. Not to having been wrong, but to knowing that it's not as bad as it looked. Still could use work, though (http://news.scotsman.com/topics.cfm?tid=53&id=877832006), but thanks for the comment and links.

[identity profile] xinda.livejournal.com 2006-09-22 02:50 pm (UTC)(link)
Although, as I see, it seems to not be exactly like that anymore, I'm digusted that it once was. Just like the husband can't rape their wife and jazz like that at one time.

It's funny how it's said that humans are so intelligent when they pull crap like that/this.