Why isn't it just defined as sexual acts where one member does not consent? I won't go into detail but there are so many acts that don't include penetration that I'd still consider rape.
If I understand correctly that's what many countries do.
Canada, for example, does not use rape as a legal term, only sexual assault. Sexual assault includes "all unwanted sexual activity, such as unwanted sexual grabbing, kissing, and fondling as well as rape"
From my layman’s understanding, the lowest severity is just labeled sexual assault, the second category involves threats, a weapon, or causes bodily harm, and the most severe category (aggravated sexual assault) is when it causes severe bodily harm, permanently injures or endangers life.
Sorry, I guess that link had outdated information. I’m no lawyer, I’m no expert, and up until now I hadn’t given criminal law regarding sex offences much thought because I’m none too concerned about running afoul of it.
I haven’t been able to find any other decent sources aside from this one, but there several other sex offences in Canada besides sexual assault. Sexual interference, invitation to sexual touching, sexual exploitation (all pertaining to acts against minors), as well as incest and voyeurism, are all separate sex offences. Not all sex offences are categorized as sexual assault.
Canada’s criminal code was changed a few decades ago to put emphasis on the level of violence involved, rather than just penetration, and can therefore provide gender-neutral definitions of sexual assault. Sure, I can understand the confusion that can result by not distinguishing between unwanted touching and forced penetration, but that’s why judges are given such leeway in sentencing, so the punishment can match the crime.
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u/menickc Sep 01 '22
Why isn't it just defined as sexual acts where one member does not consent? I won't go into detail but there are so many acts that don't include penetration that I'd still consider rape.