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I focus on these similarities through an analysis of the lived experiences of male victims in order to highlight the importance of appropriately labelling forced-to-penetrate cases as rape. In justifying this position, I argue that there are significant similarities in the circumstances, aggressive strategies, and physical and emotional harms experienced by victims in cases legally recognised as rape and cases of compelled penetration. In this paper, I argue that forced-to-penetrate cases should be considered for legal recognition and labelling as rape in England and Wales. Unlike rape and assault by penetration, which are indictable offences, both sexual assault and causing sexual activity are either way offences, triable summarily or on indictment, thus reflecting the potential for offences perceived as being comparatively ‘less serious’ to be criminalised under these provisions. Instead, perpetrators are prosecuted under other offences within the Sexual Offences Act 2003, namely either sexual assault Footnote 1 or causing a person to engage in sexual activity without consent Footnote 2 (causing sexual activity). Such cases, where a male victim is forced to penetrate the perpetrator's vagina, anus or mouth using his penis and without his consent, are not legally recognised as rape in England and Wales. Whilst there is extensive literature on the experiences of female victims and a growing body of work on male rape victims, ‘forced-to-penetrate’ cases are less well studied. However, Deputy Public Prosecutor Gabriel Lim asked for a sentence of 18 months as a general deterrence against such crimes involving children who were vulnerable to sexual exploitation.įor engaging in a sexual act with a person under the age of 14, Aslam could have been jailed for up to 20 years and fined or caned.‘The offence of rape, as it is defined and enforced has been the subject of an ongoing process of evaluation and reform for several decades’ (Rumney, Reference Rumney2001, p. Mr Yeo also told the court that the victim had initiated the second meeting and had told Aslam that he needed money again and gave him a discount of $30 from the initial price. "This was the second time the victim misrepresented his age and my client had no reason to suspect he was under 16 or even under 14," said Mr Yeo, asking the court for a sentence of 12 months' jail for his client. He said Aslam also tried to verify the victim's age by asking him how old he was, and the victim replied that he was 17. The victim had indicated on his profile in the app that he was 18.
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Mr Yeo added that the app has age verification safeguards in place, where users have to verify and confirm they are above 18 when registering for an account. In his mitigation, Aslam's lawyer Nichol Yeo said that his client had believed that the victim was at least 17 years old.
The boy did not know he was caught on video. This time, Aslam used his mobile phone to film the act.
They met about a week later at Aslam's home where he again had sex with the boy. They undressed and sniffed "poppers", which is an illicit psychoactive drug used to relax muscles, and Aslam had sex with the boy while wearing a condom. The boy had a small stature and youthful look, but Aslam made no attempt to verify his age. On Jan 30, 2018, they met for the first time when the victim went to Aslam's home. This was the only time he asked the boy his age. The boy's father reported the matter to the police last February when he learnt that his son had engaged in sexual activities.Ĭourt documents showed that before they met, Aslam had asked the victim for his age and the latter claimed he was 17. The court heard that some time in mid-January last year, Aslam sent the victim a message via the app requesting sex.Īfter an exchange of messages discussing the price for the act, it was agreed that Aslam would pay the boy, who cannot be named due to a gag order, $130. On Friday (July 26), the former horse racing jockey with the Singapore Turf Club was jailed for 18 months for engaging in a sexual act with a person under the age of 14. He looked too small and young to be a 17-year-old but Malik Erasmus Aslam, now 41, did little to verify his age before he proceeded to have sex with the boy he had met on gay dating mobile application Grindr.Īslam also admitted to making an obscene film of their sex act when they met a second time.