Summary: The Sexual Offence Act 2003

The Sexual Offence Act 2003 define rape as: ‘The accused (A) intentionally penetrated the vagina, anus or mouth of the complainant (B) with his penis. That B did not consent to the penetration, and that A did not reasonably believe that B consented (Wykes and Welsh ,2009 :112-113). To prove rape these three factors ‘must prove by the prosecution beyond all reasonable doubt’ (Wykes and Welsh ,2009: 112-113).

Theoretically, there is a clear difference between the definition of rape when it comes to a single perpetrator and when involves two or more offenders (Etgar & Pragner, 2009). However, according to Horvath & Kelly (2009) the definition of gang rape can be difficult because of the terminology that is used when it involves a gang rape

One theory is the patriarchal power and control. This theory explains rape as an aggressive act and not as a sexual act, also rape is a mean of all men to keep women under fear. Also, rape according to radical feminism is a gender-based crime and support the patriarchal structures (McPhail, 2015:316). This theory changed the terminology and the victims renamed survivors and rape renamed as sexual assault to focus on the crime and not at the sexual part (McPhail, 2015:316). One other theory is the normative heterosexuality perspective. According to MacKinnon (1989) ‘rape is not an isolated event or moral transgression, or individual interchange went wrong but an act of terrorism and torture within a systemic context of group subjugation, like lynching’ (MacKinnon, 1989 cited in McPhail.2015:318). In this theory, masculinity plays a virtual role. The aggression against women creates a sexual pleasure and masculinity maintains the gender hierarchy. According to heterosexuality perspective, women fight not only the rape but also to control and define their sexuality (McPhail, 2015:318).

Furthermore, feminist thinking gave emphasis to the “breaking the silence” around rape. The feminist approach has shown that rape is not a rare phenomenon, it is basically a common phenomenon that many girls and women face. Feminist approach claims that in order to

The feminists change these traditional views about rape and now rape is considered a crime against the victim itself (Feminist Perspectives on Rape, 2009). Burgess & Jackson (1996), argue that the fines or the compensations ware paid to the father or to the husband for the raped woman (Burgess & Jackson (1996) cited in (Feminist Perspectives on Rape, 2009). Another example is the marital rape. It is not a crime when a man forces his wife to have sex, because the woman is his property. Moreover, women who were not the property of a man, like prostitutes, and being raped, was not an important issue, because no one was harmed by their rape. Feminist’s through years have successful change the legal definition of rape and the sexist practices in rape trials (Feminist Perspectives on Rape, 2009). For example, the ‘rape shield’ law changed and now the evidence about the sexual history of the victims is not considered. Moreover, the ‘prompt reporting’ requirement is eliminated by the most jurisdictions. These assumptions, especially the assumption that rape can happen only to women with pure sexual life or the assumption that women often lie about being raped, changed because of the feminists. Feminists have founded and staffed rape crisis centers in order to eliminate the sexism and changed the laws about rape, as well as the