The carnal knowledge of a female forcibly and against her will. Rapes by force and attempts or assaults to rape, regardless of the age of the victim, are included. Statutory offenses (no force used―victim under age of consent) are excluded.
This is the current federal definition of sexual assault. It was written in 1929.
Aside from the obvious exclusion of statutory rape, this definition excludes many other forms of equally terrible forms of sexual assault (same-sex assault, oral assault, and rape with an object, to name a few) and excludes entire classes of members,namely male and transgender victims. With sexual assault already being a highly unreported crime, this narrow federal explanation of sexual assault makes it difficult-if not impossible-for victims of sexual assault to prosecute their assailants at the federal level.
On Oct. 18, an F.B.I. subcommittee will finally meet to discuss and (hopefully) ultimately expand the definition of rape. True, it may cause a surge in the number of sexual assaults as per its new definition, but this expansion will allow the reporting of sexual assault to be prosecuted by the same criteria, allowing for consistency at the state and federal level of crime and prosecution.
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