The FBI changed its definition of rape, but some states still don’t recognize male victims

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The FBI changed its definition of rape, but some states still don’t recognize male victimsby Fernando Hurtado

Issues

WATCH  | The FBI’s definition of “rape” has changed to be more inclusive, but some states still don’t recognize male rape as rape.

Warning: Adult content

It used to be in some states that if you were raped and happened to be a guy, well, your rape didn’t really count.

States have different laws and penalties on the books for the crime.

In 2012, in an effort to get accurate crime stats in the United States, the FBI updated its definition to include male victims.

“The penetration, no matter how slight, of the vagina or anus with any body part or object …”

—FBI’s updated definition of rape, 2012

New definition

The FBI‘s new definition read:

“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 consent of the victim.”

“The carnal knowledge of a female, forcibly and against her will.”

—FBI’s definition of rape before 2012

Old definition

Before that, how did the FBI define rape?

“The carnal knowledge of a female, forcibly and against her will.”

Does something sound off about that definition? It only recognizes female victims, and only vaginal intercourse, not oral, anal, etc.

Leaving men out

This definition is used by the FBI’s Uniform Crime Reporting unit for statistical reasons only. So if a male rape happens in, say Columbia, South Carolina, the Columbia Police Department reports it as rape to the FBI.

But according to South Carolina state law, it isn’t “rape.” It’s just sodomy.

So while that guy’s rape is a statistic, he can’t press charges for rape.

How the definition affects victims

James Landrith was raped by a woman in 1992 in North Carolina when he was 19 years old.

“If you keep telling people men can’t be raped, and they don’t disclose because you tell them it can’t happen, you shouldn’t be surprised that they’re not disclosing,” said Landrith.

But even if he had reported it, it wouldn’t have mattered. Under the state’s and the FBI’s definition of rape at the time, his rape wasn’t a rape.

Because Landrith was raped by a woman, his rape doesn’t fall under some states’ definition of “rape,” where it’s relegated to requiring vaginal intercourse. The FBI recently changed its definition to accommodate cases like his.

How the FBI uses the data

The FBI’s Uniform Crime Reporting unit started collecting data on how many rapes (and other crimes) there are every year in the U.S. in 1927.

“Prior to this change in the definition, no change was reported when it was female on male, male on male, when instruments were used, sodomy,” said Christopher Nicholas, the FBI executive responsible for the Uniform Crime Reporting system.

Who submits data to the FBI

About 18,000 city, university and college, county, state, tribal and federal law enforcement agencies voluntarily report data on crimes “brought to their attention.”

The thing is, most rape survivors don’t report it to the authorities. The Bureau of Justice Statistics reports that only about 15 to 35 percent of victims report their rape to the police.

So there are all these rapes that are unaccounted for.

Landrith is  a survivor advocate and speaks to multiple people everyday who would rather not go to the authorities because they’re afraid they won’t be taken seriously.

Different definitions

At the end of the day, how the FBI defines rape doesn’t really matter to a victim of rape like Landrith. What matters is how the state he lives in defines it and prosecutes rape crimes.

Mary Fan is a prosecutor who has dealt with sexual assault cases throughout her career.

“The changes in the FBI’s definition, now that’s for statistical reporting purposes,” Fan said. “That’s not state law.”

State laws are all over the place

Take the infamous Brock Turner case, for instance. The fact that turner was in California and used his fingers instead of his penis to penetrate the victim played a major role in how he was convicted. If you were to ask the FBI, what Turner did was rape. According to California’s penal code, however, it could only be prosecuted as sexual assault, not rape.

“And that ties into our controversies over our vision of sexuality and how it happens,” Fan said.

Aligning with the FBI

After the Turner case, legislators successfully pushed for California to update its definition of rape to mirror the FBI’s new definition, which is inclusive of all genders and broadens the scope of objects used.

All this makes it easier to prosecute rape in the state.

Now, 43 states have done something similar, but six states still use the old definition.

The states highlighted in green still have a definition of rape that defines it as requiring “vaginal intercourse” or happening to a “female.”

States affect the stats

But since all states still aren’t on the same page when it comes to their legal definition, it makes it hard for the FBI to know how many rapes happened in each state, and in turn, the nation.

The Centers for Disease Control will tell you about 2.4 million people were raped last year in the U.S., based on a phone survey it conducted.

According to the CDC, 1.6 percent of women in the United States experience rape every year.

Differing stats

The FBI will tell you 124,057 people were raped last year. That’s because the FBI only takes into account rapes that were reported to the police, which is about one-third of cases.

All that underreporting? There are a lot of reasons for that.

“Sometimes perps are long gone,” Landrith said. “The evidence is way in the past, and it’s going to be a lot of emotional devastation for probably no end result.”

The FBI only recently (2013) started taking into account male victims of rape and female victims of female rape and it only tracks those that are reported, which is why its number is so much lower.

So while today Landrith’s assault would be considered rape by the FBI, he still has no legal recourse in North Carolina because the state’s penal code still defines rape as requiring vaginal intercourse.

“We’re being silenced and told, ‘It wasn’t real. It doesn’t count,'” said Landrith. “‘It’s not rape rape.’ I hate that phrase.”

Originally published here.

 

41 comments

    1. This is actually REALLY critical as part of the “feminist” agenda. This is an example of misogyny affecting us all. Men should be strong. Men don’t cry. Men don’t get controlled by women. And then a rape happens and suddenly men are without any kind of support. No matter if they were raped by another man or a woman. There just isn’t the same level of support for men as there is for women (and even that bar is low!). It is a bias that we all need to be aware of. Men need to be aware that they can be victims of rape and that they deserve support and help and justice. Women need to be aware that they also need to do their part in obtaining and keeping consent. And to not minimize the man’s trauma if he’s been a victim of rape. We just need to do better all the way around.

      Wednesday, February 8, 2017 at 1:34 pm

      Reply

  6. The first thing to understand is that rape has nothing to do with sex. It is about power. Until you can get that in your mind, you will not understand rape and these archaic laws will continue to exist.

    Wednesday, February 8, 2017 5:22 AM

    Reply

    1. You really believe this? If a man forced you to have sex with him you wouldn’t say you were raped then since to you it has nothing to do with sex and everything to do with power

      Wednesday, February 8, 2017 7:48 AM

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      1. Heather Taylor with all due respect, the person (it doesn’t have to be a man, btw) is using force to denigrate you. Sex is one way of denigration, and for many people (doesn’t have to be a woman, btw) it is the ultimate denigration. It is power, and using a form of power that the perpetrator knows will belittle the person to their utmost.

        Of course it would be rape. But it would also be rape if the perpetrator used an something other than a body part.

        It is about POWER. It is not about SEX. It is using the sexual act to have POWER over another.

        Wednesday, February 8, 2017 8:10 AM

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        1. Missy Hauck Strothers you are completely right! It’s about power and control. This is coming from someone who has worked with sexual offenders and victims.

          Wednesday, February 8, 2017 9:22 AM

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  11. Wow. Some of the stupidity in these comments astounds me. I really hope all of you saying men cant be raped are just trolls. I had a solider who’s wife would boil water and dumb in on his crouch if he refused to have sex with her. When he would try to leave her she would beat him with a hammer. When he did get away from her she flew home beat his mother with a big stick and flew back telling him if he leaves her again she would kill his mother. We finally got him away from her by sending him home to pack a bag for the field while being taped. Got an abuse in tape and put her in jail.

    Wednesday, February 8, 2017 9:15 AM

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    1. The point was to show that men even soldiers can be raped and abused by women. The story and point was very relevant to the story posted and the comments. By telling a man to have sex with you or you will pour boiling water on their crotch you are raping them. Let me guess you also think you can’t rape your spouse or significant other because they have wanted it in the past so they always want it right.

      Wednesday, February 8, 2012 10:44 AM

      Reply

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