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Message: <blockquote data-quote="sakuraguy" data-source="post: 1677936" data-attributes="member: 6441">Common lawIn the common law of the United Kingdom, Australia and the United States, rape traditionally describes the act of a man who forces a woman to have sexual intercourse with him, or a female that forces a male to havesexual intercourse with him. Until the late 20th Century, a husband forcing sex on his wife or a wife forcing sex on her husband was not considered "rape", since the woman or man (for certain purposes) was not considered a separate legal person with the right of refusal, or sometimes was deemed to have given advanced consent to a life-long sexual relationship through the wedding vows. However, most Western common-law countries, as well as civil-law countries, have now legislated against this exception. They now include spousal rape (vaginal intercourse), and acts of sexual violence, such as forced anal intercourse which were traditionally barred under sodomy laws, in their definitions of "rape". The term "rape" is sometimes considered "loaded", and many jurisdictions recognize broader categories of sexual assault or sexual battery instead.There is a clear mens rea element in the law regarding rape i.e. the accused must be aware that the victim is not consenting or might not be consenting. However, different jurisdictions vary in how they place the onus of proof with regards to belief of consent.Under English law, until May 2005, a "genuine" belief that the victim was consenting, even if unreasonable, was sufficient. The law was changed so that belief of consent is now only a defense if the belief is both genuine and reasonable.English lawUnder the Sexual Offences Act 2003, which came into force on May 1, 2004, rape in England and Wales was redefined from non-consensual vaginal or anal intercourse, and is now defined as non-consensual penis penetration of the vagina, anus or mouth of another person, or the forcing of a penis into a vagina by a female (female-male rape). The maximum sentence of life imprisonment was maintained under the new Act. It also altered the requirements of the defence of mistaken belief in consent so that one's belief must be now both genuine and reasonable (see above under common law). Presumptions against that belief being reasonably held also now apply when violence is used or feared, the complainant is unconscious, unlawfully detained, drugged, or is by reason of disability unable to communicate a lack of consent.Any consent of the complainant is of no relevance if he or she is under the age of thirteen.A woman who forces a man to have sex can be prosecuted for rape under English law and if she helps a man commit a rape she can be prosecuted for the crime. A woman can also be prosecuted for causing a man to engage in sexual activity without his consent, a crime which also carries a maximum life sentence if it involves penetration of the mouth, anus or vagina. The statute introduces a new sexual crime, "assault by penetration", with the same punishment as rape. It is committed when someone sexually penetrates the anus or vagina with a part of his or her body, or with an object, without that person's consent.</blockquote>

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