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Eric Holder Expands FBI's Narrow, Outdated Definition Of Rape


First Posted: 01/06/12 10:27 AM ET Updated: 01/06/12 12:31 PM ET

MANCHESTER, N.H. -- U.S. Attorney General Eric Holder has revised the way the FBI defines rape, the first update to the federal definition in nearly a century.

The FBI's Uniform Crime Report has defined rape as the "carnal knowledge of a female forcibly and against her will." This definition was narrower than the one used by many police departments around the country, and women's rights advocates said it led to the under-counting of thousands of sexual assaults each year.

On Dec. 6, an FBI advisory board voted overwhelmingly to expand the definition, and FBI Director Robert Mueller said he would be accepting the recommendation.

"Rape is a devastating crime and we can't solve it unless we know the full extent of it," said Vice President Joe Biden, the author of the landmark Violence Against Women Act. "This long-awaited change to the definition of rape is a victory for women and men across the country whose suffering has gone unaccounted for over 80 years."

This new definition expands the old one by taking out the requirement of a "forcible" assault and the restriction that the attack must be toward a woman. It also now includes non-vaginal/penile rape and rape by a blood relative.

"These long overdue updates to the definition of rape will help ensure justice for those whose lives have been devastated by sexual violence and reflect the Department of Justice's commitment to standing with rape victims," Holder said. "This new, more inclusive definition will provide us with a more accurate understanding of the scope and volume of these crimes."

The change comes after years of efforts by the women's rights community.

The Feminist Majority Foundation recently led a "Rape is Rape" campaign, calling on the public to pressure the FBI to update its definition. More than 160,000 emails were sent to the FBI in support. And a decade ago, the Women's Law Project began a campaign to change the definition of rape used by the FBI in its Uniform Crime Report.

"The Women's Law Project is pleased that our advocacy has been successful," said Carol Tracy, executive director of the Women's Law Project. "Police Chiefs, sheriffs and other high ranking law enforcement officials have thoroughly reviewed the issue and have agreed with us that change is necessary. We are grateful to Vice-President Biden for his ongoing support to take violence against women seriously and to put the full weight of his office behind reform efforts."

Police departments nationwide submit data on reported crimes and arrests to the FBI's UCR. The data are used to measure and understand crime trends. The old definition created complications for law enforcement agencies around the country because they could not report all of the rapes they prosecuted for inclusion in federal statistics if their state or locality had a broader definition.

A statement by the Justice Department also said that the UCR program will "collect data based on the historical definition of rape, enabling law enforcement to track consistent trend data until the statistical differences between the old and new definitions are more fully understood."

This article has been updated to include comment from the executive director of the Women's Law Project.

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MANCHESTER, N.H. -- U.S. Attorney General Eric Holder has revised the way the FBI defines rape, the first update to the federal definition in nearly a century. The FBI's Uniform Crime Report has d...
MANCHESTER, N.H. -- U.S. Attorney General Eric Holder has revised the way the FBI defines rape, the first update to the federal definition in nearly a century. The FBI's Uniform Crime Report has d...
 
 
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HUFFPOST SUPER USER
trthsetsfree2
09:20 AM on 02/15/2012
This seems like a step in the right direction. Now, if they can only attempt to see that men are being raped of our rights by the biased child support system.
02:38 PM on 01/21/2012
This is great work, and it's better late than ever. To eradicate sexism toward women in society it's also super important to focus on the other side of the equation. It can't be all about women "not putting themselves in the way of a rapist"; it's also about men "not raping women." It's pretty doable guys, it happens all the time.. http://bit.ly/yjsL9z
09:30 AM on 01/11/2012
Looks like a lot of men will love this. Watch out boys.
HUFFPOST SUPER USER
dbrett480
03:30 PM on 01/10/2012
Don't be surprised with the future rash of news articles about the sharp increase in the number of rapes.
ChoppyBob
a proud $|u+
06:15 PM on 01/09/2012
Holder is sexy.

I need a 3some with him and Steadman!!!
jm26dream
gaining fans despite posting ridiculous things
06:10 PM on 01/09/2012
I can't wait to accuse random people of rape so i can make money
05:30 PM on 01/09/2012
Ah the good ol non forcible rape. Always leaves me scratching my head.
been2there
Facts have a liberal bias.
10:24 PM on 01/11/2012
A woman can be drugged, threatened, or bullied into a "non-forcible" rape. So can a man. Would you engage in intercourse to save your child's life? Would you permit someone to insert an object into your vagina/rectum? That would be a non-forcible rape.
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02:11 PM on 02/07/2012
Horrible examples, but well within the realms of mankind's scope of acts against one another.
HUFFPOST SUPER USER
sharon40
10:43 AM on 02/21/2012
I think that the new Virginia statute that insists that a woman undergo a forcible vaginal ultra sound-against her will-would fall into the new definition. If I were a lawyer, I'd already be in court with this. I am sickened by the way male dominated legislatures are forcing women to become chattel. We only have our vote against these pigs-let use it.
03:58 PM on 01/09/2012
Videotape all encounters...for legal reasons of course.
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HUFFPOST SUPER USER
gevan
the pilgrim has landed
02:19 AM on 02/15/2012
Videotape your alibi as well.
02:50 PM on 01/09/2012
Big bubba in prison will have his time extended now.
10:38 AM on 01/09/2012
Someone needs to call Whoopi Goldberg and ask her to explain Rape-Rape? While at it please have Eric Holder explain financial rape. Could he also explain selling guns to drug trafficking Mexican gangs?
traceymarie
Independent to Dem in 2007
05:13 PM on 01/09/2012
like bush did in wide receiver...if you are going to be a partisan hack at least use the entire truth not brietbart nonsense
06:23 AM on 01/09/2012
so what is the extended definition of raping people of HOPE?
HUFFPOST SUPER USER
philsun73
02:32 AM on 01/09/2012
I suppose it's rape when a woman says no afterwards and decided that she didn't get satisfaction. One young lady of ill repute was at a grocery store and handed the clerk a twenty dollar bill to pay for her groceries. The clerk holding the bill up said: You can't use this, it's counterfeit!, and I have to hold it for the F.B.I. The young lady screamed out; "O'm'gosh! I've been raped!!
lofttypeofaview
Glad I don't have Republican Stockholm Syndrome!
05:46 AM on 01/09/2012
My guess is she was a prostitute and naturally would only consent for real money.
HUFFPOST SUPER USER
philsun73
09:44 AM on 01/09/2012
Bingo!
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Pavane
I pick my battles and walk from the rest.
01:50 PM on 01/09/2012
Unless the clerk had the means to determine the bill was not authentic, it sounds like he was stealing from her.
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HUFFPOST SUPER USER
psnyder325
Yep, I'm a Socialist. Deal.
05:41 PM on 01/08/2012
Rape is a terrible crime, and should be severely punished. It will still go under-reported, however, as many people who are victims of this crime are embarrassed to talk about it, esp. if it was an acquaintance rape or rape by a family member. And kids who are raped by a person of trust will still be severely under-reported.

This is also a crime that can be falsely reported and used as a weapon, however. It is also one, like sexual harassment, where, sometimes, the only evidence is the word of the person reporting it, especially with this new definition. While the vast majority of people reporting this crime are telling the truth, there will always be some who will lie to get revenge for something or to just stir the pot. We need a better method of discerning the truth in questionable cases (no physical evidence, he said/she said, etc.) And, if we develop that method, false reporting of rape should carry the exact same penalty as would have been applied if the rape had taken place.
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StrawHat
Eat veggies, don't vote for them
12:37 AM on 01/08/2012
If the moderator(s) of this thread would let all non-abusive comments through, the discussion might make more sense.
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HUFFPOST SUPER USER
psnyder325
Yep, I'm a Socialist. Deal.
05:42 PM on 01/08/2012
I never understand what they're so afraid of. Community moderation would work better than pre-censorship. Let the community decide what is offensive or inappropriate! Since AOL took over, HP has gotten much more conservative in everything.
lofttypeofaview
Glad I don't have Republican Stockholm Syndrome!
05:48 AM on 01/09/2012
Probably afraid of a lawsuit.
HUFFPOST SUPER USER
trthsetsfree2
09:26 AM on 02/15/2012
Only unintelligent people cannot express themselves appropriately.
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HUFFPOST SUPER USER
bradley ross
Politics, the art of controlling your environment
04:54 PM on 01/07/2012
Holder has been somewhat behind the scenes, but he has done quite a few good things for this administration as Attorney General, including this.
06:22 AM on 01/09/2012
OperationFast and Furious = We Will Never Forget!
09:21 AM on 01/09/2012
Not going after Black Panther voter intimidation in Philly for another
traceymarie
Independent to Dem in 2007
05:15 PM on 01/09/2012
operation wide receiver...did fox slop not report that bush fact?
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Eris23
Justice is in indefinite detention.
03:02 PM on 01/09/2012
Let's just hope the crime isn't committed by powerful people, lest Holder silently submit to his superior saying "we need to look forwards, not backwards."