The Los Angeles Criminal Law Blog

Department of Justice Expands Definition of Rape

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A month after the Centers for Disease Control and Prevention reported that nearly one in five American women has been raped at least once, the Department of Justice has significantly expanded the definition of sexual assault.

The new definition will now include several forms of sexual assault, such as oral penetration, and male rape, according to The Washington Post.

The antiquated definition of sexual assault referred only to the "carnal knowledge of a female, forcibly and against her will," according to The Post.

The definition of rape has evolved over the years from its original 1929 definition. For example, rape did not apply to assaults between spouses. Now, rape encompasses non-consensual sexual intercourse committed even by offenders who have a pre-existing relationship with the victim.

Although most states’ rape statutes now include a broader definition of the crime, Justice Department officials hope the expanded definition will increase the accuracy of reporting, as well as an understanding of the effects of sexual assault on victims.

The use of the new definition in the FBI’s annual Uniform Crime Report will be the first step in its implementation.

“This sends a powerful message that…rape is rape,” Susan B. Carbon of the Justice Department’s Office on Violence Against Women said in a conference call. “It’s rape even if you’re a man. It’s rape even if you are raped with an object and even if you were too drunk to consent.”

For more information on California’s rape laws and resources for Los Angeles crime victims, see our Related Resources section.

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