New Zealand laws make it impossible to charge women with rape

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.

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16 thoughts on “New Zealand laws make it impossible to charge women with rape

  1. Pingback: New Zealand laws make it impossible to charge women with rape | Manosphere.com

  2. “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.”

    Some anecdotal background…

    New Zealand amended it’s sexual assault laws to acknowledge the possibility of female perpetration in 2005. My understanding – from discussion on the MENZ blog – is that prior to the implementation of the new statutes their child support agency set about pursuing numerous young men with a view to forcing child support payments on them before they could secure a conviction under the new laws. Subsequently the NZ govt introduced rules to prevent this from occurring, probably due to embarrassment over the behaviour of the child support crew. It does appear that the exemption mentioned came about primarily to protect boys. The boy in this case will presumably be exempted from child support payments providing a conviction is secured.

    The new CEO of my local rape crisis service hails from New Zealand. I will ask him about this when I see him next.

  3. I should add that as far as I’ve been able to ascertain New Zealand is the only country which has rules exempting victims from child support obligations.

  4. Pingback: Acknowledging the Continuum from Childhood Abuse to Male Prostitution Help for Adult Victims Of Child Abuse - HAVOCA

  5. Oh come on now. Women cant rape a man. Its physically impossible. if the boy did not want it why did he ejaculate?

  6. So deanna, all those women who lubricate or even orgasm during rape, which does happen, are not really victims? Surely they must have wanted it. You clearly have no idea as to how erections work.

    There are many ways of coercing others to do your bidding. Threats of violence to their target or to others, threats to ones livelihood, threats of accusations of rape or other violence on the part of their target. I could go on. The possibilities are infinite.

    I have scars around my genitalia as a result of one woman’s urgent demands to be serviced. She threatened to tear off my genitals if I didn’t give her what she wanted and WAS in a position to do this.

    I also take it that you are quite happy for adult women to be grooming and using little boys for sexual purposes. You also seem to have no problem with such women going on to extort money from their targets and making parents of them whilst they are still children themselves. I truly hope this doesn’t indicate such desire on your part. It IS illegal for adults to have sex with kids if you haven’t noticed.

  7. It is NOT feminisim’s fault! It is society’s belief that women are weak so therefore they cannot rape !

  8. Phouongster, who wrote the law? Who defined rape in such a way that prevents female offenders from facing rape charges? Society? No. That happened as a direct result of feminist groups controlling the New Zealand legislature and enacting such biased laws.

  9. Then explain it in terms of this sexist misandrist law

    Women Need To Be Educated About Sexual Consent From Men, Right Now They Aren’t
    “43% of high school boys and young college men reported they had an unwanted sexual experience and of those, 95% said a female acquaintance was the aggressor.”
    http://thoughtcatalog.com/janet-bloomfield/2014/06/women-need-to-be-educated-about-sexual-consent-right-now-they-arent/

    Nearly Half of Young Men Say They’ve Had Unwanted Sex. New study says it’s possible for women to rape men: 18% of surveyed guys say women used physical force to make them have sex against their will
    http://time.com/37337/nearly-half-of-young-men-say-theyve-had-unwanted-sex/ http://www.apa.org/pubs/journals/releases/men-a0035915.pdf

    Men often coerced into sex: study
    http://www.nationalpost.com/news/story.html?id=f926b44a-39c9-4c7d-bc44-24001f40c213

  10. Sexual Abuse By Women: The Crime No One Wants To Investigate
    http://jezebel.com/5335061/sexual-abuse-by-women-the-crime-no-one-wants-to-investigate

    Female sexual abuse: The untold story of society’s last taboo
    While researching this piece, I spoke to a number of adults – men and women – who as children endured horrific sexual abuse at the hands of their mothers, aunts, grandmothers and female carers.
    http://www.independent.co.uk/life-style/love-sex/taboo-tolerance/female-sexual-abuse-the-untold-story-of-societys-last-taboo-1767688.html

  11. New Zealand is FAR from a feminist state, and feminists are the ones who actually take male victims seriously. I agree with you that women should be able to be charged with rape, and that men and boys should be entitled to better support and whatnot, as do all feminists. You seem to believe that boys are the only ones who self-blame – rape victims, no matter the gender, are constantly victim-blamed, and this is an issue that feminists address. The reason male victims are not taken seriously by society is due to the very ideas that feminists fight – that women are the weak ones and males should be strong, that males always want it whilst women are passive, and so on. I’m totally with you in your cause, but blaming feminism is wrong – you are fighting the very people who are on your side.

  12. Caitlin:

    New Zealand is FAR from a feminist state, and feminists are the ones who actually take male victims seriously.

    Then why is it that this law currently remains unchallenged? Where are the feminist organizations reaching out to male victims? Why is that the only time one typically hears any feminist mentioning male victims is when someone else mentions them first?

    You seem to believe that boys are the only ones who self-blame – rape victims, no matter the gender, are constantly victim-blamed, and this is an issue that feminists address.

    Is that what I stated? Let us look: “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.”

    Does it appear that I state only male victims self-blame? Or does it appear that I reference the victim’s statements and then comment on how New Zealand law essentially agrees that it is his fault?

    As for feminists addressing this issue, where does that occur? If feminists are so keen on addressing this, why is this law still in place?

    The reason male victims are not taken seriously by society is due to the very ideas that feminists fight – that women are the weak ones and males should be strong, that males always want it whilst women are passive, and so on.

    Is it just limited to those points, or does it also come with the assertion that all these problems rise from “The Patriarchy” of which all males, including male victims, benefit? And again, where are feminists engaging in this fight?

    I’m totally with you in your cause, but blaming feminism is wrong – you are fighting the very people who are on your side.

    Would this include the feminists who changed the law to exclude women as potential rapists? Or those who kicked out a rape center from the national funding service because it assisted male victims? Or those who chose to close their domestic violence shelter rather than help men? Or those who actively opposed granting funding to a domestic violence shelter for men? Which feminists are on male victims’ side and which are the ones we should ignore?

  13. “Then why is it that this law currently remains unchallenged? Where are the feminist organizations reaching out to male victims? Why is that the only time one typically hears any feminist mentioning male victims is when someone else mentions them first?”
    Women CAN get done for sexual violation, but yes, they should be done for rape. I don’t think many know that this is even the law – I was only told this yesterday, googled it, and came across this page. This law SHOULD be challenged, and you starting a campaign is good, I’m totally on board, but why is it up to feminists to change it? Feminist organisations are mostly for women, since women are the ones who are usually victims, and feminism is about making women equal to men, but yes, there should be organisations for men. This is, once again, not feminism’s job, but feminists are the ones who smash the ideas that men can be victims, that women aren’t weak and helpless, all of these kinds of stereotypes. Society treats women and so-called feminine traits like shit, and it’s usually women who are raped and assaulted, which feminists try to draw attention to, but then men start whinging “what about us?” No one denies that men can be victims too, but it’s women who are the main targets, just for being women. It is not feminism’s fault that men lack such resources, but I totally stand with you if you want to change that. Here are some organisations http://rpe.co.nz/find-a-sexual-assault-support-centre-near-you/

    “You seem to believe that boys are the only ones who self-blame – rape victims, no matter the gender, are constantly victim-blamed, and this is an issue that feminists address.
    Is that what I stated? Let us look: “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.
    Does it appear that I state only male victims self-blame? Or does it appear that I reference the victim’s statements and then comment on how New Zealand law essentially agrees that it is his fault?
    As for feminists addressing this issue, where does that occur? If feminists are so keen on addressing this, why is this law still in place?” Feminists address victim-blaming and self-blame and educate that NO rape victim is ever at fault. The law should be changed, but once again, I don’t know why you think it’s solely feminism’s job, but they will totally support you in this campaign.

    “The reason male victims are not taken seriously by society is due to the very ideas that feminists fight – that women are the weak ones and males should be strong, that males always want it whilst women are passive, and so on.
    Is it just limited to those points, or does it also come with the assertion that all these problems rise from “The Patriarchy” of which all males, including male victims, benefit? And again, where are feminists engaging in this fight?”
    The patriarchy IS the ideas I mentioned, and no, it is not beneficial to everyone, which is the whole point of feminism. Men benefit more than women, but in many ways, they lose out, because men are supposed to be the strong ones for example, therefore are laughed at for crying, or being a victim. Feminism fights to get rid of patriarchal ideas, which will benefit women AND men – women will be seen as equal in every way – so as perpetrators as well as victims. Feminists protest and educate and campaign. You probably wouldn’t notice since you’re so biased against them.

    “I’m totally with you in your cause, but blaming feminism is wrong – you are fighting the very people who are on your side.
    Would this include the feminists who changed the law to exclude women as potential rapists? Or those who kicked out a rape center from the national funding service because it assisted male victims? Or those who chose to close their domestic violence shelter rather than help men? Or those who actively opposed granting funding to a domestic violence shelter for men? Which feminists are on male victims’ side and which are the ones we should ignore?”
    Please provide evidence that it was FEMINISTS who did all of these things. I cannot find anything about these. I can tell that you’re biased against feminism, and you make some very bold claims. Overall feminism is a force for good and beneficial for everyone. Directing you energy against feminists is a waste of time and even counterproductive. Campaign to help men’s issues, but leave feminism out of it.

  14. Women CAN get done for sexual violation, but yes, they should be done for rape. I don’t think many know that this is even the law – I was only told this yesterday, googled it, and came across this page. This law SHOULD be challenged, and you starting a campaign is good, I’m totally on board, but why is it up to feminists to change it?

    Is it not the feminist position that all sexual violence is wrong? Do they not position themselves as the ones who primarily seek to end such violence? Why then should they not give as much concern and credence to sexual violence against men?

    Feminist organisations are mostly for women, since women are the ones who are usually victims

    That is incorrect. It appears that men are assaulted as frequently as women, however, they are less likely to report the assaults.

    The patriarchy IS the ideas I mentioned, and no, it is not beneficial to everyone, which is the whole point of feminism.

    That is not the feminist position. While it is a rather muddled concept, the general idea is that it is a system of power that benefits men at women’s expense. When taken at face value, even male victims who are raped by women benefit from said oppression as they are being raped according to this theory.

    Feminism fights to get rid of patriarchal ideas, which will benefit women AND men – women will be seen as equal in every way – so as perpetrators as well as victims. Feminists protest and educate and campaign.

    Where do you see feminists actively pushing for the recognition and punishment of female rapists? I do not mean a one-time article, but a consistent campaign to hold female predators responsible for their actions?

    Please provide evidence that it was FEMINISTS who did all of these things.

    Please follow the links I provided and read the quoted portions or the articles themselves. If you would like more evidence of feminists engaging in such behavior, I can provide it.

    Directing you energy against feminists is a waste of time and even counterproductive. Campaign to help men’s issues, but leave feminism out of it.

    As I demonstrated in my prior comment, there are feminists who actively oppose efforts to help male victims. Would it not be a waste of time and counterproductive to campaign to help men’s issues while ignoring a concerted effort by feminists to undermine that campaign? Should I turn a blind eye to that behavior because feminists think they are doing the right thing by marginalizing male victims? As an advocate should I not call out this contradictory and potentially hypocritical behavior?

  15. Pingback: No jail for woman who raped 12-month-old boy | Toy Soldiers

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