Last year, I wrote about a case of a 36-year-old woman who raped an 11-year-old boy in New Zealand. She eventually became pregnant with his child. However, as a result of New Zealand law, the woman cannot be charged with rape:
Present legislation stipulates the crime of rape applies only when men force sex. In contrast, women who force an unwilling partner to have sex face charges of sexual violation. Both carry a maximum sentence of 20 years but only men can be charged with rape.
Both may carry the same sentence, but they are completely different laws. Specifically, this woman is charged with unlawful sexual connection, which states:
Person A has unlawful sexual connection with person B if person A has sexual connection with person B—
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.
New Zealand law does require that a person face some imprisonment, however, that is at the court’s discretion. The court can decide that the person ought not serve time and release them due to “the particular circumstances of the person convicted” and “the particular circumstances of the offence, including the nature of the conduct constituting it.” Given New Zealand’s horrible treatment of male victims of rape and largely feminist government, it is quite likely this woman will walk for this.
What makes it particularly disturbing is how the rape came to light:
The principal said he was shocked when the child revealed the details.
The boy approached him in his office about two-thirds of the way through the 2012 school year and told the principal he had a disclosure to make.
“You won’t be very happy with me,” he recalled the boy saying. He said he had been having sex with his friend’s mother “and it needs to stop”.
The principal said the boy was “very aware” of the situation he was in and determined he wanted the contact to end.
The Weekend Herald was told that the contact between the boy and the woman began about April last year, when the boy was aged 11. The woman’s son took a day off school and encouraged his friend to do likewise, spending the day at his home.
During the course of the day, the woman gave the boy beer to drink and then later took part in a sexual encounter with him.
The sexual contact continued for a number of months after the initial encounter, the Weekend Herald was told. The boy had turned 12 by the time the child was born. CYF took a baby into care about two months ago.
The principal confirmed the details. “We got CYF involved the minute we found out about it.”
Look at the language the boy used. “You won’t be very happy with me.” That is self-blame. Rather than seeing the woman as the person who did something wrong, he views himself as the bad person. And that is unfortunately reflected in New Zealand law. The crime the woman is charged with essentially says, “Meh, maybe they didn’t consent.” Is that the best we can do?
Ken Clearwater, who wrote about the lack of research on this problem, spoke about the ridiculous law:
Male Survivors of Sexual Abuse manager Ken Clearwater said if the case were proved, the woman should be held accountable for her actions. Making charges able to be brought dependent on the gender of the offender was wrong and the law should be changed. “It is a huge issue for us.”
As if it could not get any worse, according to New Zealand law, the boy has no parental rights to his own child unless he was present at the birth. The boy is not allowed to see his own child and can potentially be forced to pay child support, although a lawyer cited by the article states that there are exemptions for victims. It is unclear, however, if those exemptions extend to male victims.
This is a sign that New Zealand needs to change its laws. Granted, New Zealand is a very feminist state, and it is unlikely any such changes will occur.