@failures art,
No criminal laws are written to specifically take into account psychological trauma to the victim of the crime. The laws describe only the actions that constitute a violation of the law. And offenders are charged only with the laws they have actually broken. The psychological impact of the crime on the victim is not part of the offense, or even part of the seriousness of the crime.
For instance, if you enter my house, without my consent, and remove my property, without my consent, you will be charged with the crime of burglary. How your crime psychologically or emotionally affected me, as the victim, isn't part of what you are charged with or punished for. I might have all sorts of traumatic reactions as a result of your burglary (a feeling of being unsafe in my home, nightmares about someone breaking in again, etc.), but you will still be charged only with burglary.
I think it is really the same with sexual offenses. They may be graded in terms of the degree of physical assault involved, with those involving more serious physical penetrations of the victim's bodies as carrying harsher penalties. So forced sexual intercourse (either male on male or male on female) is punished more harshly than forced fondling of the genitals or breasts, because it involves penetration of the body--the assault on the body, and the physical trauma to the victim is greater with intercourse than it is with fondling.
So rapes are among the most serious types of sexual assaults--they involve penetrations of the bodies of the victim with a penis. In some places, like England, the term "rape" is used only with a male offender and a female victim. In other places, the male on male forced anal intercourse is also legally regarded as rape. Even where the male on male situation is not legally called a "rape" (in NYS state, for instance, it is called "deviate sexual intercourse" and I think it is a violation of a sodomy law) it is now regarded with the legal seriousness and punishments that would go along with a similar rape charge.
Quote:Please compare the violence and trauma of a person who has been forcibly entered with a penis versus a person forcibly entered with a police baton. Please compare the psychological nature of the aggressors in both cases.
There is no way of comparing the psychological nature of the aggressors. That is not a relevant factor of the law. The law simply refers to the act committed.
An object can cause considerable physical damage, much more than penetration with a penis might cause. Because this type of assault is not called a rape does not mean it is not punished as severely as the crime of rape is punished. It is punished just as severely.
Quote:
When the woman or man who is forcibly entered with a non-penis confesses they were raped, are you going to correct them? Are you going to tell me that you're going to place your hand on their shoulder and tell them "I'm sorry, I think you mean that you were sexually assaulted. You weren't raped." No. I don't believe you would.
First you applaud Canada for doing away with the term "rape" and using "sexual assault" instead, and now you are saying we need the legal term "rape"?

Funny you should say that, because I read that, since Canada stopped using the term "rape", that the sentences, for that same crime, are not quite as severe. So there is an emotional weight to the term "rape" which might argue in favor of retaining it.
In ordinary everyday speech we may not always use terms in the exact way as the law does. Because the person feels they have been "raped" with an object, doesn't mean that their attacker will be charged with a rape.
Most sexual assault laws distinguish between unwanted penetration of the body by a penis or by an object. They are two different types of crimes. Penetration by an object is not legally designated as "rape". In NYS, for instance, it is called Aggravated Sexual Abuse, and there are various degrees of this crime.
Quote:
S 130.70 Aggravated sexual abuse in the first degree.
1. A person is guilty of aggravated sexual abuse in the first degree
when he inserts a foreign object in the vagina, urethra, penis or rectum
of another person causing physical injury to such person:
(a) By forcible compulsion; or
(b) When the other person is incapable of consent by reason of being
physically helpless; or
(c) When the other person is less than eleven years old.
2. Conduct performed for a valid medical purpose does not violate the
provisions of this section.
Aggravated sexual abuse in the first degree is a class B felony.
Notice that crime is a class B felony. But, so is this one...
Quote:S 130.35 Rape in the first degree.
A person is guilty of rape in the first degree when he or she engages
in sexual intercourse with another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years
old or more.
Rape in the first degree is a class B felony.
So, what difference does it make whether it is called rape if a penis is involved, but aggravated sexual abuse if an object is involved? The important thing is that the crime being charged fits the description of what was done to the victim. One is not a "lesser" crime compared to the other--they are both class B felonies, and carry the same sorts of punishments.
This is a description of all the sex offenses in NYS. It really covers everything.
http://ypdcrime.com/penal.law/article130.htm
Also, you have to remember that there are different degrees of all of the types of sexual assaults. Some rapes carry harsher penalties than other rapes,etc. And you can have more than one count on some of these criminal charges. And sometimes force is accomplished by using a gun or knife. So those weapons charges are added. The victim might gave been held captive during the crime. That's another charge. The D.A. breaks down every element of what was done to the victim and charges the offender with as many different crimes as he thinks he can get convictions on. So just because a serious sexual assault isn't called a "rape" doesn't mean the offender won't wind up severely punished, even more severely punished than someone convicted of rape.
Have you read the actual sexual assault laws in Canada? I'm not sure that they actually say what you think they say. I can't find them on the internet, with descriptions of the actual sexual assaults and the types of punishments they carry. It may be that rape is still rape, as a sexual assault crime involving penile penetration, but they are just not calling it "rape". The "gender neutrality" may simply be that it covers male on male penetration with a penis, as well as penetration of a female. And, if that is the case, they would not necessarily regard forced sexual intercourse of a male victim by a female as the same crime as when a male penetrates the female without consent. Do you know for sure how they treat these crimes?
I think our laws are really fair to men who are victims of sexual assaults by females. The problem isn't with the law, it's getting people to report the crime, and having enough evidence to prove it. Like the man who went to the police and said his neighbor forced him to have intercourse with her. The man isn't bruised or beaten, and he has no evidence that the sex act even occurred, let alone that it was non consensual. This is the same problem that women have had in terms of being believed, except women usually have the man's DNA as part of the rape kit evidence, so they can at least establish that sexual intercourse took place.
But, when there is no other evidence or witnesses, and it boils down to just he said/she said, how can you establish non consent, particularly in date rape situations? It's very tough. The police said they investigated the man's complaint. Well, if they spoke to the neighbor, she could deny she even had sex with the man. If she admitted to having sex, she could say he initiated it and it was consensual. So the police are left with no case, they can't arrest the neighbor without any evidence. That's what happens with most of the date rapes or acquaintance rapes reported by women. Without some evidence of force, or non consent, these cases can't go to court. So, even though men may be forced to have intercourse with females, they would have a tough time proving it wasn't consensual. But that puts them in the same boat that female victims have been in. So, finally we have gender equality.
I do think that women might sexually assault men for the same reasons that men assault women. I do think it is about dominance, power and control. I don't think it's really about sexual gratification with either gender. The notion of "sex starved females" raping men sounds like a male myth to me. Forcing someone to
submit to unwanted sex is a power issue with both genders. The domination becomes an important part of the gratification, and may be the main source of gratification.