Male Rape in Law and the Courtroom

Abstract

This theoretical paper critically examines male rape in law and the courtroom. In particular, the legal definition of male rape is explored. This is because the phenomenon of male rape in law and the courtroom has gained very little attention to date in the legal literature in England and Wales. This paper intends to fill this gap in the literature by critically examining the adequacy of the law regarding male rape, and also how male rape victims are treated in the courts as a result of the law being applied. This paper highlights several themes in defence questioning of male rape victims and argues that the problematic definition of male rape in the rape law in England and Wales does not fully reflect male rape victims’ experiences of what they classify as rape. The paper argues that the legal definition of male rape should fully reflect male rape victims’ experiences, and the defence counsels’ expectations of how a male rape victim is supposed to have suffered contradicts the male rape literature.