LAW INTERNAL ASSESSMENT

Title: To investigate whether or not females can be held criminally liable for the
offence of rape
Candidate Name:
Institution: York Castle
Territory: Jamaica
Grade: 12
Year: 2018-1019
Candidate Number: 100131
Center Number:
Teacher: Mr Burnett

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 Table of Contents

PAGE NAME

PAGE NUMBER

Acknowledgement
3

Description of Research Problem

Aims and Objectives

Description of Method Employed

Presentation of Findings
7

Discussion of Findings
12

Conclusion and Recommendations

References
15

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 ACKNOWLEDGEMENT

I express sincere gratitude to all parties who were of assistance in completing

this research paper; to my mother, to my teacher, Mr. Burnett and last but not least, to

the Lord.

Theme:

Sexual Offences

DESCRIPTION OF RESEARCH
PROBLEM

This research paper aims to investigate and uncover the biases in the law when

it comes to whether females can physically rape a person or not. This topic falls under

common law and legislation. The Sexual Offences Act of Jamaica 2011, Part III and

paragraph 1 gives the definition of rape as a man having sexual intercourse with a

woman knowing that the woman does not consent.

The inspiration for this investigation comes from a very deep interest in

society’s gender issues. The researcher had recently learned that in some countries,

females cannot legally physically rape a person. This therefore means that women can

possibly come out unscathed from situations in which they are not innocent.

Therefore, within most Commonwealth Caribbean countries the law adopts a gender

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restricted approach to the offence of rape. This research essentially seeks to explore

these biases.

There seems to be a law change in order. For this bias to be corrected and for

victims of female rape to have an opportunity at justice, the laws regarding the

sexually one-sided definitions of rape must be repealed and replaced.

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 Aims and Objectives:

1. To examine the law in other jurisdictions pertaining to the offence of

rape.

2. To obtain the general views of members of the public on

femalescommitting sexual offences.

3. To compare the statistics of female sexual offences versus male sexual

offences in Jamaica.

4. To make recommendation in relation to the current state of the law.

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 DESCRIPTION OF METHOD
EMPLOYED

This research paper aims to investigate whether or not females can be held

criminally liable for the offence of rape. The quantitative type of methodology will be

used. This type of research uses measurable data to formulate facts and uncover

patterns in research. This will help the researcher to draw a narrow conclusion to the

issue being investigated by bringing out trends in the population. The quantitative

research methodology is very structured and includes various forms of surveys.

As a primary source of data, the researcher will conduct a survey in the form of a

questionnaire. The questionnaire will be issued using the probability sampling method

of systematic random sampling i.e one questionnaire will be handed to every other

house in Salem District, St Ann. A total of 20 questionnaires will be issued on

January 5, 2019 and collected on January 8, 2019.

As secondary sources, the researcher will use books, videos on topic, newspaper

and internet articles as well as sexual offence acts of certain countries. The data from

secondary research is relatively easy to access and very extensive. It also provides a

basis for primary research as the primary researcher can focus on finding out

information that secondary sources may not have provided.

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 PRESENTATION OF FINDINGS
The participants of this research were ten males and ten females. In total,

thirteen of these persons belong to the 18-25 age group. Two persons are 26-30 years

old, four are between the ages of 31 and 40, and one person is over 40 years old. A

majority of the participants are students of different institutions while the others are

bank workers, receptionists, gas station clerks etc.

Figure 1.

The information presented in this pie chart shows that up to 90% of the respondents

are of the belief that a female is able to physically rape a male. The other 10%

however, do not think that this can happen.

Figure 2.
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This bar graph depicts the thoughts of the participants on which gender is punished

more severely for sexual crimes. A large sum of sixteen out of twenty respondents

(80%) stated that males are punished more harshly than females. Three persons (15%)

believe that both genders are punished equally and only one person (5%) thinks that

women are punished more harshly than men.

Figure 3.

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Criticized

The information in this pyramid shows the most common thoughts of the respondents

as it relates to male rape. 100% of the participants say that ‘real’ men should be able

to protect themselves against rape. Eighteen persons (90%) stated that if a victim had

physical reactions to the assault then they must have wanted it. Seventeen of the

participants reported that men are not as affected by sexual assault as females are.

50% of persons believed that male rape only happens in prisons and eight person

(40%) say that females cannot sexually assault males.

SECONDARY FINDINGS
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 In the Jamaican Sexual Offences Act 2011, Part II 3.--(I) “A man commits the

offence of rape if he has sexual intercourse with a woman--

(a) without the woman's consent; and

(b) knowing that the woman does not consent to sexual intercourse or recklessly not

caring whether the woman consents or not.”

Rape in the United States is defined by the Department of Justice as

"Penetration, no matter how slight, of the vagina or anus with any body part or object,

or oral penetration by a sex organ of another person, without the consent of the

victim." While definitions and terminology of rape vary by jurisdiction in the United

States, the FBI revised its definition to eliminate a requirement that the crime involve

an element of force

Lolah (2015) in the book “The Sexual Victimization of Men” draws attention

to male sexual victimization and explores the explanations for the persistent

misperceptions surrounding it. In 2011, there were reported results from the National

Intimate Partner and Sexual Violence Survey (NISVS), one of the most

comprehensive surveys of sexual victimization conducted in the United States to date.

The survey found that men and women had a similar prevalence of non-consensual

sex in the previous 12 months. This remarkable finding challenges stereotypical

assumptions about the gender of victims of sexual violence. However unintentionally,

the publications and the media coverage that followed instead highlighted female

sexual victimization, reinforcing public perceptions that sexual victimization is

primarily a women’s issue.

John Mitchel (2012) in his video “My Rape Story,” on YouTube, confessed

that he was a victim of unwilling sexual activities imposed upon him by a female.
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John expressed that when the matter was reported to the police, instead of treating it

as a normal rape crime, the police handled the situation in an unbecoming manner.

Due to the already established stereotypical ideas on rape, it is often believed that

males are rarely in the position to get raped because of a lack of their physiological

boundaries.

DISCUSSION OF FINDINGS
The findings of this study shared numerous similarities with others done

previously. The results showed that a majority of persons believe that females should

be able to be held criminally liable for the offence of rape. However, the law does not

necessarily make this possible.

The results from the questionnaire show that a very large number of the

participants are of the impression that a female is able to rape a male. Only two out of

twenty participants believe that this cannot be done. The minority of the respondents

who disagree with the notion of a female raping a male are backed up by the Sexual
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Offence Act of Jamaica and the United States Department of Justice. In Jamaica, the

law specifies that a man rapes a woman when he has sex with her without her consent

and not caring whether the woman consents or not. It is clear here that a woman is the

rape victim and not a male. The laws of the United States define rape as penetration of

the vagina without consent, and there does not necessarily have to be any force

involved. The fact that a majority of the participants believe that a female can rape a

male should be an indication that society feels that this act is a crime. However, this is

in contradiction to the laws of several countries.

Results from the study outline that a decent amount of the participants think

males are punished more harshly than females when it comes to sexual offences. A

smaller amount believes that both sexes are punished equally and the minority state

that women are punished more harshly than men. The belief of the majority that males

are subject to harsher punishments than females is backed up by John Mitchel’s “My

Rape Story”. In is video, Mitchel tells us that he was a victim of unwilling sexual

intercourse by a female. However, when the matter was reported this female was not

punished at all for the act. Had it been a male who committed this same act, the

response of the police would have been drastically different and this confers with the

views of the respondents. This gives evidence to the opinion that males are punished

more harshly than females as it relates to sexual crimes.

Lastly, a sum of nineteen out of twenty respondents, after discovering that the

laws in many countries do not make provisions for females to be held criminally

liable for the offence of rape, stated that they believe the law should change. In Jamie

Lolah’s “The Sexual Victimization of Men,” we see that after a study conducted it

was found that both males and females suffered almost the same amount of sexual

acts committed against them. However, the publication of this study went on to
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highlight female sexual victimization rather than males. This implies that the law

makes women too much of victims to the point where male sexual victimization is

almost, if not completely overlooked. However, if the belief of the participants is to

come to pass that the law should change, then a male being raped will not be so taboo

anymore and inevitably everyone will get justice; not just the female victims of rape,

but also the males who have suffered sexual offences at the hands of females.

In conclusion, the results received from the questionnaire strongly correspond

with the secondary findings done by the researcher with only a small set of

differences. It was found that most persons believe that the law leans more on the side

of the females when it comes to protection from rape from the opposite sex. Many

persons, from both the primary and secondary findings, express that the law should be

changed in order to accommodate male victims of sexual molestation.

CONCLUSION AND
RECOMMENDATIONS

The laws regarding rape in the Commonwealth Caribbean countries, including

Jamaica, are centered around a male being the offender and a female victim.

However, it has been established that females can also commit the offence of rape. It

is grossly inappropriate to assume that “the weaker sex” is unable to commit such a

heinous crime. Within this regard, some changes in society and in the legal system

must be made.

From the findings collected, the researcher believes that the following measures

can be put into place in aid of correcting the issue that was investigated:

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 1. Change the law from the traditional gender restrictive approach

adopted for rape to an unbiased gender definition.

2. Taking male sexual victims more seriously.

3. Educate and sensitize the public about males being vulnerable to rape

just as much as females.

REFERENCE.

● The Sexual Offences Act of Jamaica {2011}: Chapter II, Section 3

● United Stated Department Of Justice retrieved from official website

● Lolah. J. ( 2015) The Sexual Victimization of Males: Quinton Publishing, CNT

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● Mitchel, J. (2017 August 18) “My Rape Story” YouTube retrieved from
http://www.youtube.myrapestory.com

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