Tuesday, 6 January 2015

Victims and survivors and cases such as Ched Evans

What a weird few days. The case of Ched Evans, a convicted rapist who is trying to convince various appeal courts and the public that continuing to have sex when your partner falls unconscious isn't rape - it is, morally and in the English law it is - has brought about something of a controversy. Should Evans, who is a pro footballer, be signed to any pro club?


In the ensuing internet discussions the most disgusting thing has been the amount of alleged rape victims who have declared even if she did fall unconscious it wasn't rape because it wasn't violent, then using their own alleged rape as a reason they get to question this.

Wrong!

Rape is legally defined as; - "The Act extends the definition of rape to include the penetration by a penis of the vagina, anus or mouth of another person. The 2003 Act also updates the law about consent and belief in consent.
The word 'consent' in the context of the offence of rape is now defined in the Sexual Offences Act 2003. A person consents if she or he agrees by choice, and has the freedom and capacity to make that choice. The essence of this definition is the agreement by choice. The law does not require the victim to have physically resisted in order to prove a lack of consent. The question of whether the victim consented is a matter for the jury to decide, although the Crown Prosecution Service (CPS) considers this issue very carefully throughout the life of a case." link - click here 

Violent force isn't necessary for rape, lack of consent and lack of ability to give consent however ARE. 

As rape victims and survivors we don't get to stand in judgement of each other, we have to stand with each other. Irrespective of gender, race, age, ability, sexuality etc we have to stand as survivors, and not judge each other. No-one else will guarantee support for us and our stories so we MUST do so for each other.