New Definition of Rape is More Realistic

The U.S. Department of Justice on Friday announced a new, more-modern definition of rape that acknowledges that both men and women can be victims and includes acts other than vaginal sex.

Until now, the FBI's Uniform Crime report used a guideline from 1927 that defined rape as "The carnal knowledge of a female, forcibly and against her will." It applied only to female victims and it did not include anal or oral assaults, sexually violent attacks with objects or body parts other than genitals, male victims, or sexual assaults made while a victim was impaired, incapacitated, or unable to physically resist.

"Rape is a devastating crime and we can't solve it unless we know the full extent of it," said Vice President Joseph Biden, the author of the 1994 Violence Against Women Act, who last year launched an initiative to prevent sexual violence in schools. "This long-awaited change to the definition of rape is a victory for women and men across the country whose suffering has gone unaccounted for over 80 years."

The new definition is: "The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without consent of the victim."

"The revised definition includes any gender of victim or perpetrator, and includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity, including due to the influence of drugs or alcohol or because of age," the Department of Justice pointed out in a statement sent to reporters early Friday. "The ability of the victim to give consent must be determined in accordance with state statute. Physical resistance from the victim is not required to demonstrate lack of consent."

The new definition applies to the way the FBI tracks reports of sexual violence and rape in it's Uniform Crime Report Summary Reporting System. It does not change Federal or state criminal cods or affect the way law enforcement responds to the crimes. (Many local police departments already use a broader definition of rape than the 1927 one used by the FBI.)

"The change sends an important message to all victims that what happens to them matters, and to perpetrators that they will be held accountable," Susan B. Carbon, director of the Office on Violence Against Women, said in a statement. "It was the of the voices of survivors, advocates, law enforcement personnel, and many others that FBI Director Robert Muller was able to make this important change."

After much discussion with various law enforcement officials, the new definition was approved by Mueller on December 21, 2011. It was supported by the National Sheriff's Association, the National Association of Police Organizations, the International Association of Chiefs of Police, and other groups.

"This change is about properly measuring the extent of rape in America," Carol Tracy, executive director of the Women's Law Project, said in a press release. The group has been campaigning for this change for more than a decade. "We now need to direct our attention to preventing rape and aggressively pursuing sexual predators."

A new report from the U.S. Centers for Disease Control and Prevention shows that as many as 1 in 5 U.S. women has been raped, and the Department of Justice expects that number of rape victims will rise under the new definition -- not because more rapes are occurring, but because rape will be more accurately reported.

"These long overdue updates to the definition of rape will help ensure justice for those whose lives have been devastated by sexual violence and reflect the Department of Justice's commitment to standing with rape victims," Attorney General Eric Holder said. "This new, more inclusive definition will provide us with a more accurate understanding of the scope and volume of these crimes."




Also on Shine:

Sexual violence on college campuses: Vice President Biden weighs in
Why are health insurance companies discriminating against sexual assault survivors?
7 simple ways to protect yourself from rape
Cheerleaders refuses to cheer on the boy she says raped her