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Question
Posted by: Just curious | 2008/05/28

Prisons

If a man is abused or raped in prison, by another prisoner, can he take legal action against the perpetrator? Is it seen as a crime, even in prisons?

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Our expert says:
Expert ImageGay, lesbian and bisexual expert

Hi Just Curious and thanks for posting.....

Male rape is recognised in the new sexual offences act that was passed in 2007 (previously rape of a was deemed 'assault'). A prisoner who is raped could certainly lay a charge against the offender, who could - if found guilty - have his sentence extended. Interestingly, the new act also extends the definition of rape in other ways - previously rape was defined only as forced or non-consenual penile-vaginal penetration. The law now recognises and form of forced or non-consensual rape of both men and women.

What remains to be seen is how the Dept. of Correctional Services - an incredibly rigid and patriarchal system - will adapt. They'll probably need to be sued a few times by raped inmates before they'll sit up and take note.

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2
Our users say:
Posted by: NIkktis | 2008/05/28

Absolutely YES!!!!

Male rape is now defined in the Sexual Offences act an even in prisons is it applicable.

Problem is the "attacker" are already in prison so what effective punishment can one apply other then extending his "stay"?

The idea of 100% castration comes to mind -

Nikkits
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Reply to NIkktis
Posted by: LONEWOLF | 2008/05/28

Yes, definitely indecent assault and probably rape as well (Not sure on the stance of the judicial system on male rape though).

Reply to LONEWOLF

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