Staff Editorial: Expanding the Federal Definition of Rape

As the recent case against French politician Dominique Strauss-Kahn demonstrated, crimes of sexual assault are often extremely controversial and difficult to prove.

Discrepancies regarding everything from how the nature of the relationship between the parties involved factor into whether or not a crime should be considered rape and who can be considered a rape victim have been the subject of much debate among advocacy groups and in the media.

So, for the first time in almost a century, the FBI is taking steps to address the ambiguity surrounding sexual assault cases by working to expand the federal definition of rape.

According to the FBI's Uniform Crime Report, "forcible rape" is currently defined as "the carnal knowledge of a female forcibly and against her will." The definition has been in place since 1927 and excludes unforced statutory rape, among many other things.

Supporters of the definition's expansion feel that the change is long overdue, particularly because the current definition suggests that only women are capable of being victims of rape.

In light of all of the recent discussion about the secret problem of acts of sexual violence against males, in the wake of the sex scandals plaguing religious leaders and confessions from celebrities like Tyler Perry, few people mentioned that federal law does not presently acknowledge the possibility of men being raped.

Instead, The Uniform Crime Report states that acts of sexual violence against males are considered "aggravated assaults or sex offenses, depending on the circumstances and the extent of any injuries (emphasis added)." So, it was not just the perpetuation of imagined stereotypes about masculinity that kept sexual abuse against males hidden, it was the justice system itself.

Proponents for the legislative change also hope that it will help make the circumstances under which women are able to charge an attacker with rape more definitive. They hope that the trend of women being portrayed as greedy and deceitful flip-floppers who lie and suddenly change their minds about the nature of an encounter, accusing men of rape at random, will decrease.

At the same time, changes to the legal definition could also raise troublesome concerns for people accused of rape. Just as blaming the victim is unfair, we have to acknowledge the reality that there are people who "cry rape" and that the lives and reputations of those accused can be damaged as a result.

Still, as one of the most grossly unreported crimes, one of the goals of the expansion should be to remove the stigma associated with being a victim of sexual assault. It should also aim to end the trend of blaming the victim for his or her attack, whether a person was wearing a mini-skirt or sweat pants.

If taken into consideration, hopefully the changes will help to ensure that rape will be defined as rape whether the victim was a stranger to her attacker, a casual acquaintance on a date gone wrong, or a husband and wife.

Hopefully, "no" will finally mean "no" regardless of the mitigating circumstances.

Our View: If amended appropriately, the expansion of the federal definition of rape would be a victory for all victims of sexual abuse.