Thursday, May 26, 2011

Woman Rapes Man

By the way - at times, this blog may contain graphic material.  

The question for today is: In Kentucky, can a woman rape a man?

Before we even get started, if you are charged with rape, you should talk to a Louisville sex crimes lawyer.  This blog is certainly not enough information to help you appropriately.

For the sake of today’s conversation, assume that whenever a Kentucky Revised Statutes uses the pronoun “he” it actually means “he or she.”  Without going into much more detail, just trust me - women can be charged with any crime regardless of whether a statute simply uses the pronoun “he.”  Also, keep in mind that there are three different degrees of Rape, plus a whole cornucopia of other sex crimes in the KRS, but we will only be concentrating on Rape in the First Degree for this conversation.  More appropriately, the question should be: In Kentucky, can a woman commit Rape in the First Degree against a man?

The reason people usually ask me this question is that there is a basic logical inconsistency about a woman “forcing” sexual intercourse on a man.  Typically, in order for the...uh, physiological support sex, a man has to be willing to participate.  In which case, he would be consenting to the sexual act - which would be a defense to the crime.  The logical concern is that if he was willing, and therefore able to be raped, it wouldn’t be rape, now would it?  You know that old saying, “you can’t rape the willing”?  So without any delving into the law, it is reasonable to start with an initial hesitation to believe that a woman can rape a man. 

By the way - if you consider “you can’t rape the willing” to be an old saying, maybe you should get some help.  Like, tomorrow.

Let’s take a look at the law.

510.040 Rape in the first degree.
(1) A person is guilty of rape in the first degree when:
(a) He engages in sexual intercourse with another person by forcible compulsion; or
(b) He engages in sexual intercourse with another person who is incapable of consent because he:
1. Is physically helpless; or
2. Is less than twelve (12) years old.
(2) Rape in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury in which case it is a Class A felony.

Obviously, from just a cursory reading of this statute, a woman can commit Rape in the First Degree under subsection (1)(b)(2) by having sexual intercourse with a person who is less than twelve years old.  Kind of anti-climactic, huh?  You’d think I would build it up a little more, just to make it more exciting.  My bad.  Sometimes the answer is just right there in black and white.  Like my friend Jon Spalding says, “There’s a lot of stuff in those books.”

That being said, we should pull a Bill Clinton and ask how one actually defines “sex.”  It is a legitimate question, and the KRS answers it.  Under the definition section of KRS 510.010-

(8)  "Sexual intercourse" means sexual intercourse in its ordinary sense and includes penetration of the sex organs of one person by a foreign object manipulated by another person. Sexual intercourse occurs upon any penetration, however slight; emission is not required. "Sexual intercourse" does not include penetration of the sex organ by a foreign object in the course of the performance of generally recognized health-care practices; and
(9)  "Foreign object" means anything used in commission of a sexual act other than the person of the actor.

Some of you may still be wondering about the original physiological questions of strong arm rape.  With the definitions above and a little devious creativity, I’m sure you can figure out how it is possible for a woman to strong arm rape a man.  And/or woman.  I would take the time to give you an example, but I have already been told by some readers that they are starting to have trouble bringing up the blog at work/school because of “inappropriate content.”  So use your imagination.  But the answer is yes.  A woman can strong arm rape a man - or a woman, for that matter.  The actor would only have to penetrate the sex organs of either with a "foreign object."

Rape is a very serious crime.  As stated above, it can be a Class A felony - which means a penalty range of 20 years to life.  If you are charged with a sex crime, call a lawyer who regularly handles sex crimes.  The experienced criminal defense attorneys at Gruner & Simms, PLLC handle sex crimes in Louisville, Lexington, Frankfort, Elizabethtown, and the surrounding areas.  If you have a charge against you, call 502.618.4949 for a free consultation.

Results.  As fast as the law will allow.

Questions answered in this blog post: can a woman rape a man; in Kentucky is it possible for a woman to rape a man; is it legally impossible for a woman to commit rape; what is rape in the first degree; how do I find a good Louisville rape lawyer; how do I find a good Louisville sex crime lawyer; how old does someone have to be for rape in the first degree; what does "you can't rape the willing" mean?


  1. Hmmmm, interesting, except I got hung up on the something in the beginning of the post. To say that a victim's arousal equals willingness to participate in a sexual act (and therefor conveys consent) shows a lack of understanding for the complexity of sexual assault. Women who are raped sometimes find themselves becoming aroused--even having orgasms--despite the violence of the act. Same goes for victims of sexual molestation (both boys and girls). Doesn't mean they WANT the sex, just that sometimes physical reactions don't match psychological ones. I haven't read cases of this happening to grown men during assaults (maybe because there are so few reported incidents?) but I wouldn't rule out that it could happen.

  2. Angela, that is a very interesting issue. I have no idea what the stats are concerning male arousal during rape.

    I do know this: if you want to look into it, DO NOT google the terms "man orgasm during rape."