Thursday, February 03, 2011

UCR on Forcible Rape

Since posting last night on H.R. 3 I keep wondering where the "forcible rape" concept came from. I did some checking and it is used by the Uniform Crime Reports, statistic compiled by the FBI.

The UCR Handbook (revised 2004) has definitions of terms used. It is a 164 page document, available online as a pdf. Page 26 of the print, 19 of the pdf provides the rather vague definition:

Forcible Rape—Rape by Force (2a)

[insert]Reporting agencies must classify rapes or attempts accomplished by force or threat of regardless of the age of the female victim.[end insert]

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; force as forcible sexual intercourse.” There is carnal knowledge if there is the slightest penetration of the sexual organ of the female (vagina) by sexual organ of the male (penis).

“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.

Oh those 10 and 12 year old vixens, you really need to question them!

The age question is further defined on the next page:
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.

However, if the female victim associated with either offense, statutory rape or incest, is forced against her will to engage in sexual intercourse, the incident must be classified as Rape by Force (2a).

My male friends might be concerned to read the following:
NOTE: 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.

According to the UCR it impossible for one man to rape another.

I think these definitions need to be updated.

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