The Bay Area Reporter Online | Justice Department revises rape definition

The Bay Area Reporter Online | Justice Department revises rape definition

"Men can now be victims of rape in the eye of the law. In a landmark decision that advocates say has been long overdue, the FBI has changed its definition of rape to include males.

The change was announced by U.S. Attorney General Eric Holder Friday, January 6.

Holder announced revisions to the Uniform Crime Report's definition of rape, which will lead to a more comprehensive statistical reporting of rape nationwide. The new definition is more inclusive, better reflects state criminal codes, and focuses on the various forms of sexual penetration understood to be rape.

"These long overdue updates ... 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," Holder said in a statement.

The new definition of rape 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 the consent of the victim."

The definition is used by the FBI to collect information from local law enforcement agencies about reported rapes.

"Rape is a devastating crime and we can't solve it unless we know the full extent of it," Vice President Joe Biden, a leader in the effort to end violence against women for over 20 years, said in the release issued by the Justice Department. Biden was the author of the landmark Violence Against Women Act when he was in the Senate. "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."

Additionally, the revision addresses the issue of consent for the first time, since drug and alcohol intoxication are often present at the scene of reported crimes.

Another important change: the removal of the word "forcibly" from the bureau's definition, which had been in place since 1927.

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 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 does not change federal or state criminal codes or impact charging and prosecution on the local level."