好多高登人都會投訴一件事,香港如果有女人強姦男人,睇怕都幾難告得入,事實上,香港現行的《刑事罪行條例》118條,亦即強姦的成文法條文,英文原文係咁:
「Rape
Sexual offences
(1) A man who rapes a woman shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life. [cf. 1956 c. 69 s. 1 U.K.]
(2) A man who induces a married woman to have sexual intercourse with him by impersonating her husband commits rape.
(3) A man commits rape if-
(a) he has unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it; and
(b) at that time he knows that she does not consent to the intercourse or he is reckless as to whether she consents to it. (Added 25 of 1978 s.3) [cf. 1976 c. 82 s. 1(1) U.K.]
」
點解特登要引英文,因為香港現有的強姦法律,根本係英國Sexual Offences Act 1956, 1976, 1978等一堆條文引入香港而成,一如香港現行關於詐騙行為的法律,係英國原本Theft Act,或淫審的法律係由Obscene Publications Act 1959變出嚟一樣。
大家睇番英國Sexual Offences Act 2003的最新條文係點寫
1 Rape
(1) A person (A) commits an offence if—
(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.
(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
2 Assault by penetration
(1) A person (A) commits an offence if—
(a) he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,
(b) the penetration is sexual,
(c) B does not consent to the penetration, and
(d) A does not reasonably believe that B consents.
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.
(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
3 Sexual assault
(1) A person (A) commits an offence if—
(a) he intentionally touches another person (B),
(b) the touching is sexual,
(c) B does not consent to the touching, and
(d) A does not reasonably believe that B consents.
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.
4 Causing a person to engage in sexual activity without consent
(1) A person (A) commits an offence if—
(a) he intentionally causes another person (B) to engage in an activity,
(b) the activity is sexual,
(c) B does not consent to engaging in the activity, and
(d) A does not reasonably believe that B consents.
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.
(4) A person guilty of an offence under this section, if the activity caused involved—
(a) penetration of B’s anus or vagina,
(b) penetration of B’s mouth with a person’s penis,
(c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
(d) penetration of a person’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for life.
(5) Unless subsection (4) applies, a person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.
與強姦有關的法律一拆為四,但除了Rape局限於涉及男性性器官的違法行為,Sexual Assualt同埋Causing a person to engage in sexual activity without consent已經可以處理男人可能被女人強迫進行性行為的罪行,因為用係A person,而不是A man,只有男人會被人告,但女人唔知用邊條例來告的,更加解決了好多過往好多案件中,那些古惑大律師為器官的定義拗餐死嘅膠問題。
如果真係想實踐男女平等,唔該香港政府好好考慮執好香港的性罪行條例,至少參照英國在2003年作出的法律改革。過去十年,香港律政司真係除咗亂咁告人,乜叉都無做。只得鬧香港政府係無用,要提出一套有效同時保障男女雙方的法律建議至有用。
延伸閱讀:
Sexual Offences Act 2003