Sentencing in Cases of Male Rape
| Author | Philip NS Rumney,Martin P Morgan-Taylor |
| DOI | 10.1177/002201839806200307 |
| Published date | 01 June 1998 |
| Date | 01 June 1998 |
| Subject Matter | Article |
SENTENCING IN CASES OF MALE RAPE
Philip
NS
Rumney"
and
Martin PMorgan-Taylor'
Introduction
The definition
of
rape has recently changed so as to recognise the male
victim.' The judiciary is therefore faced with the question of sentencing
the rapists of male as well as female victims.' This may appear to some to
be a fairly unproblematic exercise in that the courts should be able to
apply the sentencing guidelines in Billam' to either category of case.
However, notions of male sexuality, myths surrounding the issue of male
rape" and the application
of
sentencing principles developed in cases
involving female victims may adversely impact upon the level and basis of
sentencing in cases involving male victims. As well as examining the old
law of non-consensual buggery, this article will also consider the recent
decision in Richards (the first case
of
male rape to come before the courts)
and suggest a suitable approach for future decisions. This is not a call for
aseparate sentencing regime for male and female victims, rather a
proposal that the courts should adopt an informed and consistent
approach to sentencing in all cases of rape including those involving male
victims.
The pre-existing law
The two offences of rape and non-consensual buggery as they then were,
produced not only an offence dichotomy, but also prescribed differing
•Lecturer in Law, SheffieldHallam University, Sheffield.
'Lecturer in Law, De Montfort University, Leicester.
1Sexual Offences Act 1956, s I, as previously amended by the Sexual Offences
(Amendment) Act 1976, s I, has now been amended by the Criminal Justice and Public
Order Act 1994,s 142(1)and (2) 'a man commits rape if he has sexual intercourse with another
person (whether vaginal or anal) who at the time of the intercourse does not consent to it'.
2A relatively small number of cases of male rape are being reported to the police. In
1995, 152reports of male rape were recorded: Home Office Statistical Bulletin, 'Notifiable
Offences: England and Wales, 1995', p 7. The figure for 1996 was 227: Home Office
Statistical Bulletin, 'Notifiable Offences: England and Wales, 1996', p 21. There were 342
reports in
1997:
Home Office Statistical Bulletin, 'Notifiable Offences: England and Wales,
1997', Issue 7/98. These reports are still likely to represent a minority
of
the actual assaults
which occur each year, as many victimsdo not report their experiences to the police, see for
example: Huckle, 'Male Rape Victims Referred to a Forensic Psychiatric Service' (1995) 35
Med Sci Law 187, 188in which only five out of 22 victims reported to the police. For similar
findings see Mezeyand King, 'The Effects of Sexual Assault: A Survey of 22 Victims' (1989)
19 Psychological Medicine 205,207 in which two out of 22 reported to the police. If reporting
rates continue to rise it is likely that an increasing number of judges are going to be involved
in the sentencing of those convicted of male rape.
3(1986) 8 Cr App R (S) 48.
4See our 'A Male Perspective on Rape' (1994) NLJ 1490,28 October, for a discussion of
some of the myths surrounding male rape and how such myths may have an adverse impact
upon the administration of justice.
263
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