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EmilyAlexandra
Guest
@LilyM @Tis_Bearself @kapp19
My apologies for any offence caused. In English common law, which I assume is the basis of the legal systems within which most people on this forum operate, rape was historically defined as meaning penetration of the vagina with the penis. This definition is now obsolete in England and Wales as the offence has been defined by statute. However, English law still specifies that rape requires penetration with the penis. I am sorry that I was not aware that there are other common law jurisdictions that have expanded the meaning of the term even further.
I’m sorry that this side issue has somewhat overshadowed my more fundamental point. Let us suppose that William is raped by John, while Emma is raped by James. Who among us is going to look Emma in the eye and tell her that her rape by James was “generically” or “categorically” a less serious crime than William’s rape by John, because Emma’s rape was “heterosexual” and “merely” an abuse of the sexual faculty, whereas William’s rape was “homosexual” and therefore an offence against God and against “the principle of human generation”? Who is going to say to Emma, “It could have been much worse: it could have been sodomy”?
I do not need anybody to explain the arguments to me. I think the arguments are very clear indeed. The argument is that according to natural law, in particular as defined by Thomas Aquinas, every part of the body, and every human activity, has a divinely ordained purpose towards which one must always be directed in order to be pleasing to God by fulfilling his plans. In the case of the sexual organs and sexual acts, their purpose is the reproduction of the human species. Therefore, when Emma is raped by James, the offence consists in the fact that Emma does not consent to the use of the sexual organs for their natural purpose. However, when William is raped by John, the offence consists in the fact that the sexual organs are being used for a purpose other than that intended by God. Therefore, John is the more heinous criminal compared with James. Opposite-sex rape is therefore only an offence against a human being, not an offence against nature.
I understand this, but I cannot bring myself to agree with it. It seems to completely fail to take into account the feelings of the victim. When a woman is raped by a man, I honestly do not think that she says, “Thank goodness that I was only raped by a man. If I had been sexually assaulted by another woman, the offence would have been categorically more grave, since it would have involved a disordered use of the sexual faculty and would not have been oriented towards the purpose of human generation.”
I also take issue with the idea that rape is an offence “against chastity”. That makes it sound as if the main thing that is wrong with rape is that it is not “chaste”, putting it on a level with premarital sex, adultery, even masturbating. The rapist does not typically rape because he wants to have sex with somebody. I am sure that most rapists could find consensual sex by some means, even if only by resorting to prostitution. I think it is better understood as a crime of horrific violence.
My apologies for any offence caused. In English common law, which I assume is the basis of the legal systems within which most people on this forum operate, rape was historically defined as meaning penetration of the vagina with the penis. This definition is now obsolete in England and Wales as the offence has been defined by statute. However, English law still specifies that rape requires penetration with the penis. I am sorry that I was not aware that there are other common law jurisdictions that have expanded the meaning of the term even further.
I’m sorry that this side issue has somewhat overshadowed my more fundamental point. Let us suppose that William is raped by John, while Emma is raped by James. Who among us is going to look Emma in the eye and tell her that her rape by James was “generically” or “categorically” a less serious crime than William’s rape by John, because Emma’s rape was “heterosexual” and “merely” an abuse of the sexual faculty, whereas William’s rape was “homosexual” and therefore an offence against God and against “the principle of human generation”? Who is going to say to Emma, “It could have been much worse: it could have been sodomy”?
I do not need anybody to explain the arguments to me. I think the arguments are very clear indeed. The argument is that according to natural law, in particular as defined by Thomas Aquinas, every part of the body, and every human activity, has a divinely ordained purpose towards which one must always be directed in order to be pleasing to God by fulfilling his plans. In the case of the sexual organs and sexual acts, their purpose is the reproduction of the human species. Therefore, when Emma is raped by James, the offence consists in the fact that Emma does not consent to the use of the sexual organs for their natural purpose. However, when William is raped by John, the offence consists in the fact that the sexual organs are being used for a purpose other than that intended by God. Therefore, John is the more heinous criminal compared with James. Opposite-sex rape is therefore only an offence against a human being, not an offence against nature.
I understand this, but I cannot bring myself to agree with it. It seems to completely fail to take into account the feelings of the victim. When a woman is raped by a man, I honestly do not think that she says, “Thank goodness that I was only raped by a man. If I had been sexually assaulted by another woman, the offence would have been categorically more grave, since it would have involved a disordered use of the sexual faculty and would not have been oriented towards the purpose of human generation.”
I also take issue with the idea that rape is an offence “against chastity”. That makes it sound as if the main thing that is wrong with rape is that it is not “chaste”, putting it on a level with premarital sex, adultery, even masturbating. The rapist does not typically rape because he wants to have sex with somebody. I am sure that most rapists could find consensual sex by some means, even if only by resorting to prostitution. I think it is better understood as a crime of horrific violence.