It's a quibble.
In a world where words retain their actual meaning, a woman cannot, in fact, "rape" a male since that would require the woman to have a penis and the male to have a vagina capable of being "penetrated."
It is possible for an adult woman to have sexual relations with a minor male "child" however. And that can still be quite criminal. But not a rape, unless the legal definition of "rape" has been re-tooled to mean something different than its original meaning. And I suppose SOME jurisdictions might have done that.
But what difference does it make. An adult having sex with a minor is still a criminal act. And a teacher (a person in a position of trust in our society) doing it to a student is still wrong on one or two levels beyond merely meeting the legal definition of one crime or another.
The case in question, though, comes under the NY State law. So, call it whatever you wish, but the truth remains. What she did was NOT "rape." And just to be clear, the woman is not CHARGED with rape, either.
The crime of rape includes both male and female offenders and does not require penetration. Here is how the state of New York defines the crime of rape:
S 130.25 Rape in the third degree.
A person is guilty of rape in the third degree when:
1. He or she engages in sexual intercourse with another person who is
incapable of consent by reason of some factor other than being less than
seventeen years old;
2. Being twenty-one years old or more, he or she engages in sexual
intercourse with another person less than seventeen years old; or
3. He or she engages in sexual intercourse with another person without
such person`s consent where such lack of consent is by reason of some
factor other than incapacity to consent.
Rape in the third degree is a class E felony.
S 130.30 Rape in the second degree.
A person is guilty of rape in the second degree when:
1. being eighteen years old or more, he or she engages in sexual
intercourse with another person less than fifteen years old; or
2. he or she engages in sexual intercourse with another person who is
incapable of consent by reason of being mentally disabled or mentally
incapacitated.
It shall be an affirmative defense to the crime of rape in the second
degree as defined in subdivision one of this section that the defendant
was less than four years older than the victim at the time of the act.
Rape in the second degree is a class D felony.
S 130.35 Rape in the first degree.
A person is guilty of rape in the first degree when he or she engages
in sexual intercourse with another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years
old or more.
Rape in the first degree is a class B felony.
Article 130 - New York State Penal Law - Sex Offenses
I have a JD (Juris Doctorate) and I have never heard of any state which currently restricts the crime of rape to male offenders. According to the above Statute, Section 130.25(2), a person commits rape when: Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old. Under the laws of the State of New York the female teacher is guilty of rape in the third degree which is a Class E Felony.
Contrary to what you say, the teacher WAS charged with rape. In your own post, you described that she was charged with a Class E felony (see your post at permalink 15). If you had bothered to check, you may have discovered that this charge was was rape in the third degree (what did you think it was?). I am disappointed that you made the claim that she wasn't charged with rape when you never bothered to check out what she was charged with. At any rate, let me set the record straight:
According to the station, 39-year-old Joy Morsi left her arraignment in Queens Criminal Court on Tuesday after being formally charged with rape, criminal sexual conduct, and endangering the welfare of a child for her alleged acts with a 16-year-old male student. Prosecutors said the affair began in June of last year.
High school gym teacher Joy Morsi charged with raping 16-year-old male student in Queens, New York - CBS News
