FBI Takes Major Step Toward Updating Narrow Definition Of Rape

http://www.huffingtonpost.com/2011/12/06/fbi-definition-of-rape_n_1132913.html

Yes, I had to respond. I know it's been a while but this one caught me...particularly because the FBI is responsible for prosecuting crimes on tribal lands...although this change is not specific to tribes. I believe it has the most impact on those living on a reservation.  Just from the few small studies that exist, we know that Native women will disproportionately experience sexual victimization. I have spoken with many Native advocates working in the field and I can't count the number that have disclosed to me that they don't know a single woman who hasn't been a victim of some form of sexual violence. Let's take a moment just to reflect on this.....how many of you reading this can say the same thing? Yet, the statistics (Amnesty International report, 2007) say that 1 in 3 will be a victim. But, also according to Amnesty report, of the 77 known cases, only 3 had reported to the police. This is less than 4%. In 1999 (less than a decade earlier) the Bureau of Justice Statistics found that only 30% had reported to the police. So, has reporting gone down even further? It's hard to tell because the collection of statistics is remarkably missing. Part of the reason may very well have to do with the way sexual violence is defined. I mean, why waste your time coming forward and reporting an assault that occurred when the police (FBI) are just going to tell you that it wasn't REALLY an assault? You didn't scream loud enough for others to hear you say NO so, it's your word against theirs. Yes, we understand that he threatened to kill you if you resisted and you decided to BELIEVE him and didn't fight back but now you don't have any injuries to PROVE the assault...so, by definition, it wasn't really an assault. Huh?!  Oh yea...and did I mention that the US Department of Justice found that 86% of the perpetrators of sexual violence against Native women are non-Native!! So, tell me again WHY victims should report? Not WHY they don't.

So, it's only been 82 years and now the FBI is entertaining the idea of UPDATING the definition! I guess it's a start but, it does little to address the issue of coercion and incapacitation. The CDC does a great job of defining rape.

Sexual violence (SV) is any sexual act that is perpetrated against someone's will. SV encompasses a range of offenses, including a completed nonconsensual sex act (i.e., rape), an attempted nonconsensual sex act, abusive sexual contact (i.e., unwanted touching), and non-contact sexual abuse (e.g., threatened sexual violence, exhibitionism, verbal sexual harassment). For complete definitions, go to:

http://www.cdc.gov/violenceprevention/sexualviolence/definitions.html

Again, not sure why we are still sticking with something so narrow as the new definition. Until we make a REAL effort to address this issue for ALL victims, we will continue to have this as a disgusting underbelly of our society! For too long..., women and girls have been disposable and held accountable for the acts that have been perpetrated against them. This has been particularly true for Native victims. Native girls have been experiencing this type of victimization since colonization and there appears to be a significant absence of concern from everyone other than the tribal communities themselves. Tribal communities have been working hard to get this issue addressed and while most victims of sexual violence in most states won't have to deal with the FBI and local law enforcement most likely have criminal statutes that align more closely with the CDC's definitions, Tribal communities WILL have to deal with the FBI! So, forgive me if I don't excited by their minimal and most likely ineffective "update". I will get excited when they ACTUALLY do something that could make a REAL difference in the life of a SURVIVOR of sexual violence.