Implementing the New Definition of Rape in the FBI Uniform Crime Reporting (UCR) Program

1. Implementing the New Definition of Rape in the FBI Uniform Crime Reporting (UCR) Program Mary P. Reese Crime Statistics Management Unit (CSMU) Federal Bureau of Investigation Criminal Justice Information Services (CJIS) Division 304-625-3528 mary.reese2@ic.fbi.gov

2. The FBI UCR Program The program collects crime statistics data from law enforcement agencies (LEAs) across the nation in two primary formats: • Summary Reporting System (Summary) • National Incident-Based Reporting System (NIBRS)

3. Shared Management All CJIS systems operate under a “shared management” concept with the nation’s law enforcement community. Changes to the program must be vetted through the joint FBI and law enforcement CJIS Advisory Policy Board (APB).

4. APB Decision to Change Rape In December 2011, the CJIS APB voted to change the definition of Summary Rape since historically the data excluded offenses which involved: • Oral penetration • Anal penetration • Penetration with objects • Rape of males

5. APB Decision to Change Rape • The change in definition removed the gender restriction for Summary Rape, allowing both male and female victims of Rape. • The NIBRS sex offense definitions changed only slightly, since the NIBRS already allows for all factors relevant to the collection of data under the new definition of Rape. Basically, the program only removed references to “forcible.”

6. Impact to Law Enforcement By changing the Rape definition, local, state, tribal, and federal UCR Programs had to: • Change their Records Management System • Update training materials • Create new state forms or reporting media • Modify their guidelines and policies • Train the local agencies • Notify LEAs of the state’s plan to report Rape

7. Implementation • The new definition went into effect January 1, 2013. • State UCR Programs began to report Rape to the FBI UCR Program via: • Excel Workbook • Summary Flat File Specification • Extensible Markup Language (XML) • NIBRS Flat File Specification

8. Impact to the FBI UCR Program Historically, NIBRS Forcible Rape data have been converted to Summary Forcible Rape data for publication in the annual edition of Crime in the United States: Female victims of NIBRS Forcible Rape = Summary Forcible Rape

9. Impact to the FBI UCR Program Beginning in 2013, NIBRS Rape, Sodomy, and Sexual Assault With An Object are converted to Summary Rape for publication in Crime in the United States. Summary Rape

10. 2013 New Rape Submissions As of April 7, 2014, the FBI UCR Program has received New Rape data from 9,269 LEAs:

11. 2013 New Rape Submissions These data represent: • 50% of the UCR-reporting agencies • 41% of the associated population • 10 Summary-reporting states • 36 NIBRS-reporting states • 36 State UCR Programs

12. 2014 New Rape Submissions According to information the FBI UCR Program has received from LEAs, 11 additional states plan to report New Rape data in 2014: • 9 Summary-reporting states • 2 states report via both NIBRS and Summary Participation for New Rape in 2014, is projected to increase to approximately 72%.

13. New Rape Beyond 2014 Thereafter, to capture the additional 28% needed to increase participation in the New Rape data collection to 100%, the FBI UCR Program will need data submissions from: • 1 State UCR Program • LEAs in 3 direct-contributing states • LEAs in states with less than 100% participation

14. New Rape Trending In the NIBRS, is Fondling considered Rape? No; in the NIBRS, the definition of Fondling is not consistent with the definition of Rape. NIBRS Fondling does not convert to Summary Rape for publication.

15. New Rape Trending How does the new definition of Rape impact the number of Rape offenses? Overall, NIBRS agencies experience an increase of approximately 39% when Rape, Sodomy, and Sexual Assault with an Object data are compared to Rape data. Since most Summary agencies report either New Rape or Historical Rape, but not both, the program cannot make a similar comparison.

16. New Rape Trending What about Statutory Rape? Statutory Rape is: Nonforcible sexual intercourse with a person who is under the statutory age of consent Classify as Rape, not Statutory Rape, when: • Offender used or threatened force • Victim was incapable of giving consent because of his/her youth or mental impairment, either temporary or permanent

17. New Rape Trending How is “consent” defined for UCR? The FBI UCR Program generally refers to Black’s Law Dictionary as a legal reference, which defines consent as “agreement, approval, or permission as to some act or purpose, especially given voluntarily by a competent person; legally effective assent.”

18. New Rape Trending What is the “age of consent” referred to in the Statutory Rape definition? The FBI does not specify a national age of consent since this differs from state to state, so LEAs are expected to use their state age of consent in reporting this offense. 

19. New Rape Trending With the new Rape definition, is it possible for a state to have no Statutory Rape offenses? Yes; when the state’s age of consent is the same as the state’s age of majority (e.g., age 18), offenses reported as Statutory Rape should be reclassified as Rape. If the victim is not old enough to consent, even though sex is consensual, it is classified as Rape.

20. New Rape Trending For Summary, male offenders can rape male victims. Is this also true in NIBRS? No; rape in NIBRS includes male victims of male offenders as long as there is also at least one female offender. At least one of the offenders must be of the opposite sex. If there are no female offenders involved in the Rape, the proper classification is Sodomy.

21. New Rape Trending In my state, the age of consent is 18. I am not clear how consensual sex with a minor should be classified under the new rule.  If a victim is old enough to consent in your state, consensual sex is not classified as Rape. If the victim is not old enough to consent, even though sex is consensual, it is classified as Rape.

22. New Rape Trending When will the FBI publish the New Rape data? The FBI UCR Program has already released New Rape data in the Preliminary Semiannual Uniform Crime Report, January  June 2013, inTable 4. The program will continue to release New Rape data in the 2013 UCR publications.

23. New Rape Trending Is oral penetration by a sex-related object considered Rape? No; oral penetration by a sex-related object is not Rape according to the FBI UCR Program Summary definition of Rape. The definition 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.”

24. New Rape Trending Is oral penetration by a sex-related object considered Sexual Assault With An Object in NIBRS? No; the NIBRS definition of Sexual Assault With An Object begins “To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal openingof the body of another person. . .”

25. Questions?

26. Mary P. Reese Crime Statistics Management Unit (CSMU) Federal Bureau of Investigation Criminal Justice Information Services (CJIS) Division 304-625-3528 mary.reese2@ic.fbi.gov