Crimes Act 1961, Section 128: Sexual Violation Defined
Currently, under New Zealand legislation, the Crimes Act 1961, Section 128 states: Rape is defined as an act that cannot be committed by a woman, meaning a man cannot be raped by a woman and a woman cannot be raped by a woman. This legislation does not match the actual definition of Rape and enforces sexist beliefs.
We aim to change the definition of Rape to be more universal and accepting. According to the Merriam-Webster Dictionary, the definition of rape is:
"unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against a person's will or with a person who is beneath a certain age or incapable of valid consent because of mental illness, mental deficiency, intoxication, unconsciousness, or deception"
Our mission is to create change in the Crimes Act 1961 by redefining rape in New Zealand to be more inclusive. Currently, men and women who were 'raped' by a woman are told they were victims of "unlawful sexual connection"; however, this can be extremely dehumanising and harm the victims' mental health if they are told that what happened to them isn't considered Rape in this country.
Aotearoa has historically been a socially progressive and liberal society. New Zealand has been praised globally as a social laboratory, one of the first countries to grant women the right to vote and to pioneer workers' rights and pensions. As a global example of human rights, our definition of rape is extremely unfit and outdated for New Zealand's current social climate and the overall setting of the modern 21st century.
In South Africa, the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) defines rape as: "Forcing someone to have sexual intercourse without their consent. Also includes compelled rape—forcing someone to rape another person. Regardless of age or gender."
In the United States of America, federal law states the following: Forcing someone to have sexual intercourse without their consent. Also includes compelled rape—forcing someone to rape another person.
In Sweden, rape is described in section 6 of the Swedish Penal Code, rape is defined as forced sexual intercourse based on the lack of explicit, voluntary consent against a man or woman by one or several people.
The Royal Government of Bhutan defines rape as "having sexual intercourse with another individual forcefully without his or her consent." It is described as a heinous crime with extreme consequences.