New FBI definition of rape leaves gender unspecified, but still speaks in terms of penetration

SpecialKRJ · 2011-10-20T23:25:48+00:00

Actually, the new definition doesn't specify that the one being penetrated is the victim. The last part of it clearly says that the one who is not consenting is the victim. Penetration of the vagina without consent of the victim goes both for female rape cases and for male rape cases in which a woman vaginally rapes a man.

ThePigman · 2011-10-21T00:42:08+00:00

The wording is too ambiguous, and it will take a brave lawyer to claim it includes putting a gun to a man's head and making him fuck you. As for intention that is made clear by this “...or oral penetration by a sex organ of another person, without the consent of the victim.” So in other words, forced oral sex is rape when committed by men, but not when committed by women.

godlessaltruist · 2011-10-20T21:55:50+00:00

I'm glad to see the gendered language go, however the "penetration" part is problematic.

They've basically redefined sex to mean "being penetrated". This means that when a (heterosexual) couple has sex, really only the woman is having sex. The man is not having sex because he's not being penetrated.

And that's ridiculous. Either both people are having sex or neither is having sex. It's a team sport.

The only difference between sex and rape is consent - not which person is penetrated.

soiducked · 2011-10-20T20:44:21+00:00

The Uniform Crime Report Subcommittee of the FBI’s Criminal Justice Information Services (CJIS) voted unanimously to expand its 80-year-old definition of rape, "the carnal knowledge of a female forcibly and against her will". The new definition of rape is "Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim."

While this this a step forward in that the new definition doesn't specify gender and no longer specifies that rape be forcible, it falls short by not including envelopment as a method of rape. By not specifying whose body must be the one being penetrated, they've potentially left open a loophole that would include envelopment if it's spoken in terms of a rapist penetrating themselves with an unconsenting victim, but that may be too much of a stretch to hope for.

2011-10-21T15:02:49+00:00

Hey, MR, just wanted to come say congratulations. It's an incremental victory, but it at least starts to recognize the possibility of male rape.

ValiantPie · 2011-10-21T01:06:32+00:00

I do have to agree with SpecialKRJ. Still, as long as the cultural myth that men cannot be raped via envelopment persists, even the most patently silly way a law could be used to create a double standard still grievously damages the purpose for this revision of definitions. The thing that is the most damaging, in this case, is the myth itself, for without it, none of this would be a problem.

rantgrrl · 2011-10-20T21:44:04+00:00

Called it.

AnnArchist · 2011-10-21T02:37:08+00:00

Does this mean that men will finally get 'raped' if they have drunken sex?

Title	New FBI definition of rape leaves gender unspecified, but still speaks in terms of penetration
Author	soiducked
Upvotes	20
Comments	41
Date	October 20, 2011 8:43 PM UTC (14 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/lj4j9/new_fbi_definition_of_rape_leaves_gender/
Archive Link	https://theredarchive.com/r/MensRights/new-fbi-definition-of-rape-leaves-gender.1032824 https://theredarchive.com/post/1032824

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