FBI Expands Rape Definition

By CHAMONIX ADAMS PORTER
January 10, 2012

Since 1929, the Federal Bureau of Investigation has defined rape as “the carnal knowledge of a woman, forcibly and against her will.” This meant that, according to the FBI, men could not be raped and sexual violence against intoxicated or drugged people was also ignored. On January 5, however, the FBI expanded their definition of rape to “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 the consent of the victim.”

This new definition is beneficial because it acknowledges that rape is not always “forcible.” Because it does not require physical coercion, the definition includes statutory rape and rape by threat or emotional abuse. It also takes into account the interaction between consent, drugs and alcohol: that is, that an inebriated person cannot give consent. According to a Pepperdine University report, 90% of rapes on university campuses involve alcohol, so the decision has the potential to bring many more assailants to justice.

Acknowledging that people other than women can be raped is also very positive. An estimated 3% of men have experienced sexual violence, and these men of course deserve the same protection under the law as female victims. Additionally, framing rape as something that can only happen to women perpetuates the model of men as an all-powerful, invulnerable, untouchable class. To define men this way is to define women as weak, powerless victims, which simply allows for more sexual violence to occur.

As it does not stipulate the sex or gender of the victim or perpetrator, this definition allows genderqueer, agender, and other non-binary people to seek help for sexual assault. Although little concrete data exists, one study found that 50% of transgender and genderqueer individuals had experienced sexual violence. The definition, then, can help to better address the needs of queer people.

The new definition is not perfect. It does not address that not all sexual violence involves oral, anal, or vaginal penetration—for instance in cases where victims perform oral sex on. The change in definition also does not necessarily mean follow-through from law enforcement officials. The change will only be effective in curtailing sexual violence if it is accompanied by education for police, lawyers, and judges. The definition is certainly progress, but every case that reaches the FBI is one too many rapes. The government must work to teach citizens the new definition of rape, and therefore prevent these crimes from happening at all. The definition change, though, is a step in the right direction.

Chamomix Adams Porter is a freshman in Yale College.  She is a staff writer for Broad Recognition.