FBI Updates Their Definition of Rape After Over 80 Years

For many states, the Federal government has often been looked to set the standards, especially when it comes to legal definitions of crimes.  That's why it became a big deal recently when the FBI decided to rewrite their definition of rape.  When was the last definition written?  1927.

So what changed?  For starters, the original definition defined rape only as a crime against a female.  Males have not been included in the definition since the law was written, even though 2.78 million men in the United States have been sexually assaulted or raped.  That means 1 in 33 men will experience an attempted or completed sexual assault in their life.  For many of these victims, as seen with the Jerry Sandusky allegations, the victimization occurred when they were a child or teenager, but that doesn't mean an adult male can't be the victim of rape.

The sexual assault of men is grossly under-reported for many reasons.  Men and boys are told they are supposed to be tough, strong, and able to defend themselves.  They're afraid of being seen as weak or helpless if they admit to being a victim.  Their sexuality may even become an issue or possibly questioned.  There's also a fear of whether or not they'd be taken seriously if they report.  The truth is rape is rape, regardless of a victim's gender or age.

The other significant change to the definition is the previous requirement of resistance by the victim.  Before the change, if a woman did not physically resist the assailant, it would not be considered rape.  The new update brings the definition up to speed with other sexual assault laws in understanding the role coercion plays in rape.  If a victim is threatened, drugged, or drunk they are less likely to be able to physically resist a rapist, but fear alone can be enough for a victim.  A victim may fear harm to her/himself or to someone else they care about if they resist.

By updating their definition of rape, the FBI has taken a stand for victim's rights.  They have shown a more contemporary view of sexual assault and can set a standard for other laws on sexual assault which aren't up to date.