JURIST - Paper Chase: FBI updates rape definition to include men

[JURIST] The FBI (FBI) and the US Department of Justice (DOJ) [official websites] announced an official update of the federal government's definition of rape [press release] to include the violation of "any person" rather than the previous definition that only covered women. The previous definition had been unchanged for 85 years. The new definition, "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," is primarily used in the Uniform Crime Reports (UCR) [materials], an annual statistical analysis of crimes in the US. Before this year, any rape of a man was not included in the US government's official rape statistical reports. This crime, not only under-reported, has thus also been under-represented statistically as well. Other updates are implied in this new definition with the inclusion of a consent provision:

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.

The previous definition was simply "carnal knowledge of a female forcibly and against her will."

Last month, the FBI announced that violent crime in the US has dropped [JURIST report], continuing a trend lasting for the past four-and-a-half years. Violent crimes, which include murder, forcible rape, robbery and aggravated assault, dropped 6.4 percent in the first months of 2011 compared to the same time in 2010. Property crimes, including burglary, larceny theft and motor vehicle theft, dropped 3.7 percent and arson decreased 8.6 percent. The FBI data is a compilation of more than 18,000 jurisdictions that voluntarily participate in the FBI's UCR Program. However, with the amended definition of rape, non-forcible rapes and rapes of men will now be included in the statistical analysis, so the violent crime rate next year should reflect that shift.