Non-consensual, penile penetration of a woman whether it be anal or vaginal, constitutes rape, the Constitutional Court ruled today. However it refused to find that non-consensual anal penetration of a man was rape, holding that this was the function of the legislators and not the court. "It can hardly be ...
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05-12-2007, 01:08 AM
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| tyop speicalist Religion Moderator  Capitalist California 
| Forced anal penetration of man not rape, because sex is only between man and woman Non-consensual, penile penetration of a woman whether it be anal or vaginal, constitutes rape, the Constitutional Court ruled today. However it refused to find that non-consensual anal penetration of a man was rape, holding that this was the function of the legislators and not the court. "It can hardly be said that non-consensual, anal penetration of males is less degrading, humiliating and traumatic (than that of females)..." Justice Bess Nkabinde found in a majority judgment. "That this is so does not mean that it is unconstitutional to have a definition which is gender-specific. "Focusing on anal penetration of females should not be seen as being disrespectful to male bodily integrity or insensitive to the trauma suffered by male victims of anal violation, especially boys of the age of the complainant in this case." The challenge was brought by Fanuel Sitakeni Masiya, 44, who was charged with raping a nine-year-old girl on March 16 2004. He pleaded not guilty. The evidence found that the child had been anally, but not vaginally, penetrated. At the time, the common law definition of rape was non-consensual vaginal sexual intercourse. However, the Graskop Regional Court decided that this definition needed to be developed. "Why must the unconsensual sexual penetration of a girl (or boy) per anum be regarded as less injurious, less humiliating and less serious than the unconsensual sexual penetration of a girl per vaginam?" it asked. "The distinction appears on face value to be irrational and totally senseless, because the anal orifice is no less private, no less subject to injury and abuse, and its sexual penetration no less humiliating than the vaginal orifice." Upholding the finding, the Pretoria High Court held that the distinction between the sentences for rape and indecent assault resulted in "inadequate protection and discriminatory sentencing". Nkabinde found that the High Court had erred and set aside its order in its entirety. She held that the extension of the common law definition of rape to include non-consensual penile penetration of the female anus would be in the interests of justice. The facts did not require the court to consider whether the definition be extended to include non-consensual penetration of the male anus. She ordered Masiya’s rape conviction set aside and replaced with a conviction of indecent assault. She referred his case back to the regional court for sentencing. Nkabinde held that the new definition was not retrospective - and therefore not applicable to Masiya - but effective from May 10, the date of judgment. http://www.sundaytimes.co.za/News/Article.aspx?id=458557 This is great. The courts rule that forcefully putting your penis in another man's butthole isn't rape because it isn't specifically legislated.  South Africa, here I come! 
__________________ $$_/^_^\__*<}{~))}}""?  ????   ? //\\  **!!]" | ||||
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05-12-2007, 01:17 AM
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| helluo librorum The Lab Moderator  Humanist Chicago Suburbs
| What the gay......?!  Looks like DosEquis is going to have a busy weekend now.  | ||||
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05-12-2007, 09:16 AM
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| Pinko Commie Bastard  Communist Moscow
| the way the article reads, non-consensual anal penetration of a female is not rape their either, which is why the guy was charged with indecent assault | ||||
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05-12-2007, 11:36 AM
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| Administrator  libertarian Oklahoma
| What "constitutional court" made this ruling? That is absurd. | ||||
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05-12-2007, 01:14 PM
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| Pinko Commie Bastard Communist Moscow
| Originally Posted by 6SpeedTA95 1st post says South Africa 
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05-12-2007, 02:57 PM
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| tyop speicalist Religion Moderator Capitalist California
| Originally Posted by thomez First paragraph says otherwise, though.
 From what I gathered, the court has ruled that forced anal penetration of females is rape despite the fact that legislation didn't specify it. | ||||
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05-14-2007, 11:11 AM
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| no es mi culpa  Independent Beantown
| what the...... 
__________________ There is small disproportion betwixt a fool who useth not wit because he hath it not and him that useth it not when it should avail him. | ||||
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05-14-2007, 11:17 AM
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| Guest
| I wonder if I can rape my husband with a strap-on and get away with it?  (what a sick thought?!  ) | ||||
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05-14-2007, 03:08 PM
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| Master Debator Election Moderator  Democrat Omaha, NE
| Originally Posted by Scrum
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05-14-2007, 03:19 PM
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| no es mi culpa Independent Beantown
| Originally Posted by Scrum better yet..
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05-14-2007, 03:38 PM
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| Master Debator Election Moderator Democrat Omaha, NE
| Is that the flavor you like when a man does ATM on you? | ||||
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05-14-2007, 03:42 PM
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| no es mi culpa Independent Beantown
| Originally Posted by DosEquis
yes. because I taste my own ass.  this thread has gotten NWS and I'm proud to have been apart of it.  | ||||
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05-14-2007, 03:44 PM
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| Master Debator Election Moderator Democrat Omaha, NE
| Originally Posted by Linzyhop Thats what the cherry flavoring is for, duh.
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05-14-2007, 03:50 PM
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| no es mi culpa Independent Beantown
| Originally Posted by DosEquis yeah, i figured you'd know.
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05-14-2007, 03:57 PM
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| Master Debator Election Moderator Democrat Omaha, NE
| Originally Posted by Linzyhop Though I am not a psychiatrist or psychologist, I have done it to a lot of ladies so that sort of makes me an expert.
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05-14-2007, 04:06 PM
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| Pinko Commie Bastard Communist Moscow
| Originally Posted by DosEquis Did you do it in a Holiday Inn last night?
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05-14-2007, 04:09 PM
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| Master Debator Election Moderator Democrat Omaha, NE
| Originally Posted by thomez What is love? What is this longing in our hearts for togetherness? Is it not the sweetest flower? Does not this flower of love have the fragrant aroma of fine, fine diamonds? Does not the wind love the dirt? Is not love not unlike the unlikely not it is unlikened to? Are you with someone tonight? Do not question your love. Take your lover by the hand. Release the power within yourself. Your heard me, release the power. Tame the wild cosmos with a whisper. Conquer heaven with one intimate caress. That's right don't be shy. Whip out everything you got and do it in the butt.
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05-14-2007, 04:12 PM
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| helluo librorum The Lab Moderator Humanist Chicago Suburbs
| Originally Posted by DosEquis
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05-14-2007, 04:54 PM
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| no es mi culpa Independent Beantown
| Originally Posted by DosEquis i meant tasting your own ass... but sure....
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05-14-2007, 04:54 PM
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| no es mi culpa Independent Beantown
| Originally Posted by DosEquis
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