Issue link: http://cp.revolio.com/i/30780
Since 1929, the FBI has used this archaic definition to count rapes: In fact, the concept of “forcible rape” has long been used and is still being used to limit the reporting of rape at the federal level. Since 1929, the FBI’s Uniform Crime Report (UCR), which tallies all crimes reported to local law enforcement each year, has used this archaic defini- tion of rape: “The carnal knowledge of a female forcibly and against her will.” That counts some rapes, certainly. But what gets left out? Plenty. The UCR’s definition excludes victims of non- consensual sodomy and oral sex, and those raped with fin- gers, fists or objects. And all male victims, of course. Also, because the definition includes the word “forcibly,” police departments often interpret the rule (against UCR guide- lines) as leaving out rapes of women with physical or men- tal disabilities and those who were unconscious or under the influence of drugs and alcohol (despite the fact that at least 22 percent of all rapes involve those substances or in- capacitated victims—and some studies put the number as high as 77 percent). The assumption, strangely, is that those women weren’t “forced.” The UCR definition, both in its wording and its effect on police practices, thus omits a large number of rapes— which then impacts the investigation and prosecution of rapists. Some studies have shown that 90 to 95 percent of rapes are committed by serial rapists. If those serial preda- tors are not prosecuted, they’re free to rape again and again. And that’s why a change in the definition of rape would lead to better law enforcement response and could thus reduce dramatically the incidence of rape. A modern def- inition would include sex of all kinds without consent. It would embrace victims regardless of sex, gender, age, dis- ability, consciousness or level of intoxication. And it would encompass incest; rape with an object, finger or fist; and sodomy or oral copulation without consent. Feminists have tried for decades to change the defini- tion in the UCR so that all rapes would be counted; most recently, in September 2010, several longtime advocates spoke out at hearings called by then-Sen. Arlen Specter (D-Pa.) to discuss the U.S. sexual-assault crisis. Said Carol E. Tracy, executive director of the Women’s Law Project, a feminist legal advocacy group, in her testimony, “The lack of solid data about the incidence and disposition of rape and other sex crimes means we—as a society—do not really know how prevalent this violent crime is.” It’s high time for a change. For rape survivors, a mod- ern definition of rape at the federal level would acknowl- edge, once and for all, that rape is rape—and that the stories and experiences of all rape survivors count. www.msmagazine.com Violence Against Women International, insists that the UCR’s definition of rape sends a frightening message to society about what types of sexual assaults matter. “The fact that it only tracks forced penile-vaginal rape J says a lot,” she points out. “Are we saying all those other ones aren’t important? Of course they are.” She adds that the UCR definition feeds into social stereotypes about who is a “real” rape victim, which have a huge impact on rape reporting. “When they’re first as- saulted,” she says, “[rape survivors] aren’t thinking of law en- forcement; they’re thinking of safety. They go to their friends, loved ones, family first.” If a rape survivor isn’t vali- dated by her community, she’s less likely to report the crime. “Changing the community’s perception of sexual assault is really critical,” Archambault says. Police officers buy into community stereotypes of rape victims, as do potential jurors—who take prejudices with them into the delibera- tions room and may then judge rape survivors against an imagined “real” victim. In the public imagination of “forcible” rape, that “real” victim is beaten and bloodied. So just how badly distorted is the national rape count? In 2007, the Uniform Crime Report listed 91,874 “forcible” rapes. That same year, the National Crime Vic- timization Survey (NCVS)—a household sample survey rather than a reported-crime record—reported 248,300 sexual assaults (including all rapes, not just “forcible” ones). That’s more than two-and-a-half times the UCR figure—and some studies estimate the actual incidence of rape to be 24 times higher than the UCR tally. The NCVS figures may be low because, given community perceptions of “forcible” rape, many of those surveyed don’t realize the sexual attacks they experienced count as rape and thus don’t mention them. Women may also still be afraid of the perpetrator, who might well be someone they know. The archaic definition in the UCR provides cover to police departments to undercount rapes—even “forcible” SPRING 2011 | 27 “THE CARNAL KNOWLEDGE OF A FEMALE FORCIBLY & AGAINST HER WILL.” OANNE ARCHAMBAULT, A SEXUAL-ASSAULT- investigation expert and founder of the nonprofit End