Trigger Warning for rape and graphic depictions.
I’ve been following the #DearJohn campaign and Sady’s reports on the redefining rape bill and I just came across an interesting pdf file (which was mentioned in a post at The Hairpin but I had to dig a bit to find, as the FBI seems to have removed it from where it was originally hosted): the US Department of Justice’s Uniform Crime Reporting Handbook.
I was curious as to what was used as a definition of rape. And here it is, on page 19 (emphasis mine):
Forcible Rape—Rape by Force (2a)
Definition: The carnal knowledge of a female forcibly and against her will.
Carnal knowledge is defined by Black’s Law Dictionary, 6th ed. as “the act of a man having sexual bodily connections with a woman; sexual intercourse.” There is carnal knowledge if there is the slight- est penetration of the sexual organ of the female (vagina) by the sexual organ of the male (penis).
Only a penis in vagina; no woman on woman crime are part of this definition)
The text continues:
“Against her will” includes instances in which the victim is incapable of giving consent because of her temporary or permanent mental or physical incapacity (or because of her youth). The ability of the victim to give consent must be a professional determination by the law enforcement agency. The age of the victim, of course, plays a critical role in this determination. Individuals do not mature mentally at the same rate. For example, no 4-year-old is capable of consenting, whereas victims aged 10 or 12 may need to be assessed within the specific circumstances regarding the giving of their consent.
Agencies must not classify statutory rape, incest, or other sex offenses, i.e. forcible sodomy, sexual assault with an object, forcible fondling, etc. as Forcible Rape (2a or 2b). The UCR Program applies the following definitions:
- Statutory rape–nonforcible sexual intercourse with a person who is under the statutory age of consent.
- Incest–nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
By definition, sexual attacks on males are excluded from the rape category and must be classified as assaults or other sex offenses depending on the nature of the crime and the extent of injury.
I somehow believe the language Boehner tried to pass into the bill already has a dangerous precedent. Which is in use by no other than the DoJ.
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