Redefining rape

The FBI plans to broaden its definition of rape Oct. 18, according to  The New York Times.

Generic Script

The debate focuses on the definition used for reporting to the FBI for the annual Uniform Crime Reporting Program.

Uniform Crime Reporting Program uses the current definition of rape—the carnal knowledge of a female, forcibly and against her will to collect statistics that underrepresents the amount of sexual violence committed in the country. The inaccurate reports affect the harmony mechanism plans and research projects that city planners, media, government officials and others are working on to improve local, community and national order and peace.

The definition fails to take into account sexual victims of other sexuality or of the other sex and other types of sexual assaults that do not involve penetration of women’s vagina.

“The problem with presenting only rape in those statistics is that it gives a limited and distorted picture of the prevalence of sexual violence in communities,” Ada Gregory, director of the Women’s Center, wrote in an email. “It does not include crimes committed against men and it is limited to a very specific type of sexual assault involving the penetration of a woman’s vagina—not anal or oral penetration, penetration by an object or crimes when a victim is incapacitated.

In fact, thousands of sexual assaults that occur in the United States every year are not reflected in the federal government’s yearly crime report.

“A broader legal definition of rape has been necessary for a very long time,” said Robyn Wiegman, professor of women's studies and literature.

Wiegman uses the example of the Abu Ghraib photos to elucidate the shock the world received for lack of comprehensive understanding of what sexual assault means—not just for women.

The current definition does not consider the offence or crime in an objective fashion.

“The description is written from the perspective of the rapist, who would gain such ‘knowledge’ from a woman against her will,” Wiegman said. “The very language of the FBI definition reduces the act of rape to ‘carnal knowledge’—a very old fashioned term that locates the meaning of a woman in her sexuality.”

As we compare the incredible speed with which we expand our repertoire of knowledge of the 21st century world through modern technology with the  tardiness with which the F.B.I. updates our understanding of sexual assault, the contrast projects a bleak and disturbing prospect of equality in terms of gender relations.

This change in UCR reporting, however, will not change the legal definition of rape in the U.S., Gregory said.

The “broadening” implies that statutory rape and other types of sexual assaults—that used to considered to be part two offenses and not to be included for crime statistics except for arrest data, will fall under part one offense for the purposes of uniform crime reporting and city planning, legislature, policymaking, etc.

The chart below is a report that includes both rape and sexual assault crimes reported to Women’s Center from the Duke community over the last five years and those reported from on-campus housing facilities to campus security that comply with the Clery definition up until 2009.

Type of Victimization 2006/07 2007/08 2008/09 2009/10 2010/11
Rape reported to WC 9 17 9 21 21
Sexual Assault reported to WC 7 2 6 5 23
Clery reported sex offenses (on-campus housing only) 4 2 5    

 

 

 

 

Gregory is not expecting an administrative change in what is reported. She does believe, however, that the change of definition will give a better indication of the prevalence of sexual violence and the need for additional resources to address this crime across the country. For the moment, research suggests that fewer than five percent of college women who are victims of rape or attempted rape report it to police.

The National Crime Victimization Survey found that three percent of college women are raped each academic year, usually by someone they know. But the National College Women Sexual Victimization study estimates about 20 to 25 percent of college women are victims of sexual assault and attempted assault during their college years.

Small as it is, the broadening of F.B.I’s definition of rape is a step toward gender inequality by attempting to bridge the inconsistency between official report and actual crimes happening around campus and across the country. It has long been advocated by lawyers, feminists and LGBT rights activists.

Gregory warned the Duke community that only by challenging the attitudes and assumptions that lead to an environment where sexual assaults happen, can substantial change takes place on campus.

“Real change to prevent sexual violence is about much more than changing definitions or ‘tips’ about walking in pairs,” Gregory said. “If we commit as a community to changing the aspects of our culture that give rise to acts of gender violence, we can make change happen.”

The Women's Center has a number of tools, workshops and training sessions available to individuals or groups. Students can get involved in PACT, Men Acting for Change or the Women’s Collective. If you are interested in learning more about how you or your group can become involved in positive change on campus, we encourage you to contact The Women’s Center—men and women are welcome.

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