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(CNN) -- The Justice Department announced Friday that it is expanding a decades-old
definition of rape that it has used in compiling its annual crime statistics.
Now, any kind of nonconsensual penetration, no matter the gender of the attacker
or victim, will constitute rape -- meaning that for the first time, attacks
on men will be counted.
The crime of rape will be defined as "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," a Justice Department
statement said.
Attorney General Eric Holder said the new definition will lead to a more comprehensive
statistical reporting of rape nationwide.
"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," Holder said.
"This new, more inclusive definition will provide us with a more accurate understanding
of the scope and volume of these crimes."
An FBI advisory panel recently recommended the revision to the antiquated definition,
established in 1927.
The law then defined rape as "the carnal knowledge of a female, forcibly and
against her will." That meant that it was only an act of rape if a man forcibly
penetrated a woman through her vagina. It excluded oral and anal penetration;
rape of males; penetration of the vagina and anus with an object or body part
other than the penis; rape of females by females; and non-forcible rape.
Under the old definition, the case of former Penn State assistant coach Jerry
Sandusky -- charged with 40 counts in what authorities allege was the sexual
abuse of young boys -- would not be considered as rape.
"Needless to say we are very pleased that the FBI has agreed to revise its
definition used in data collection so it more accurately reflects what the
public understands to be rape and what our current criminal statutes say,"
said Carol Tracy, executive director of the Women's Law Project, which has
been pushing for the definition change.
The revised definition includes any gender of victim or perpetrator. It also
includes instances in which a victim is incapable of giving consent because
of mental or physical incapacity, such as intoxication. Physical resistance
is not required to demonstrate lack of consent.
Tracey began advocating for a revision a decade ago. She had a letter written
to FBI Director Robert Mueller that was slated to be mailed on September 11,
2001.
The terrorist attacks that day changed everything. The FBI's attention turned
to other pressing issues.
Last year, Tracy testified before a congressional committee looking at the
failures of police departments to thoroughly investigate rape. She said then
that an antiquated, narrow definition of rape was a harmful disservice to countless
victims.
Friday, she thanked Justice and White House officials who listened. Among them
was Vice President Joe Biden, author of the Violence Against Women Act.
"Rape is a devastating crime and we can't solve it unless we know the full
extent of it," Biden said Friday. "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."
At issue here is how the old definition of rape affected the FBI's Uniform
Crime Reporting system.
Tracey and other advocates, as well as law enforcement officials, have said
that the old definition led to under-reporting of rape. That in turn shapes
public perceptions of the prevalence of rape and affects federal funding for
resources in combating the crime.
"This change will give law enforcement the ability to report more complete
rape offense data, as the new definition reflects the vast majority of state
rape statutes," said David Cuthbertson, assistant director of the FBI's Criminal
Justice Information Services.
"As we implement this change, the FBI is confident that the number of victims
of this heinous crime will be more accurately reflected in national crime statistics,"
he said.
In 2010, the last year for which a final report is available, the FBI reported
a forcible rape every 6.2 seconds. With a broader definition, that statistic
will probably be even more horrific, said Mai Fernandez, executive director
of the National Center for Victims of Crime.
"The problem is much greater than what you have been previously seeing," she
said. "You don't really know what the problem is. Therefore, you can't really
create solutions to fit."
Kim Gandy, vice president of the Feminist Majority Foundation, called the revision
a "major policy change" that "will dramatically impact the way rape is tracked
and reported nationwide."
Tracey, however, noted that the change is about data collection and that America
has a long way to go in tackling rape.
"We still need to improve police practices and rid society of the stereotypes
about rape victims," she said. "This is one important change but not the only
change that's needed."
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