Rape in the United States

Definitions

In the United States, at the Federal level, the FBI's Uniform Crime Report (UCR) definitions are used when collating national crime statistics from states across the US. The UCR's definition of rape was changed on January 1, 2013 to remove the requirement of force against a female and to include a wider range of types of penetration. The new definition reads:

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.

At the state level, there is no uniform legal definition of rape ; instead, each state has their own laws. These definitions can vary considerably, but many of them do not use the term rape anymore, instead using sexual assault, criminal sexual conduct, sexual abuse, sexual battery, etc.

One legal definition, which is used by the United States Armed Forces is found in the United States Uniform Code of Military Justice [Title 10, Subtitle A, Chapter 47X, Section 920, Article 120], defines rape as:

(a) Rape. — Any person subject to this chapter who commits a sexual act upon another person by —

(1) using unlawful force against that other person;

(2) using force causing or likely to cause death or grievous bodily harm to any person;

(3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;

(4) first rendering that other person unconscious; or

(5) administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;

is guilty of rape and shall be punished as a court-martial may direct.

Statistics

According to United States Department of Justice document Criminal Victimization in the United States, there were overall 173,610 victims of rape or sexual assault, or 0.1% of the US population 12 or older in 2013. While the Department of Justice did not publish a report on the breakout of rape vs. other kinds of sexual assault across the total US population, it does provide the information that rape among college aged women is much closer to 1/50 not 1/5. The DOJ's Bureau of Justice Statistics indicated that among college women (aged 18–24) women who reported any kind of sexual assault, completed rape represented 33% of incidents between 1995 and 2013.

The Federal Bureau of Investigation have also collected data cases involving victims and perpetrators of rape:

Sex offense victims in 2012 (FBI):

Convicted sex offenders in 2012 (FBI):

Rape in college has also been documented. 2014 data from US Department of Justice, quote:

Rape or sexual assault victimization against females ages 18 to 24, by post-secondary enrollment status, 1995–2013:

The mean annual population was 5,130,004 for students and 8,614,853 for non-students.

Demographics

Rape prevalence among women in the U.S. (the percentage of women who experienced rape at least once in their lifetime so far) is in the range of 15–20%, with different studies disagreeing with each other. (National Violence against Women survey, 1995, found 17.6% prevalence rate; a 2007 national study for the Department of Justice on rape found 18% prevalence rate.) According to a March 2013 report from the U.S. Department of Justice’s Bureau of Justice Statistics, from 1995 to 2010, the estimated annual rate of female rape or sexual assault declined 58%, from 5.0 victimizations per 1,000 females age 12 or older to 2.1 per 1,000. Assaults on young women aged 12–17 declined from 11.3 per 1,000 in 1994-1998 to 4.1 per 1,000 in 2005-2010; assaults on women aged 18–34 also declined over the same period, from 7.0 per 1,000 to 3.7.

Most rape research and reporting to date has concentrated on male-female forms of rape. Male-male and female-male rape has not been as thoroughly researched, and almost no research has been done on female-female rape. Emily Young argues that, if being "made to penetrate" another person is classified as rape rather than as sexual assault, the 12 month prevalence of rape among males is similar to the rate among females.

A 1997 report by the U.S. Bureau of Justice Statistics found that 91% of rape victims are female and 9% are male, and that 99% of arrestees for rape are male. However, these statistics are based on reports of "forced penetration". This number excludes instances where men were "made to penetrate" another person, which are assessed separately under "sexual violence". Denov (2004) states that societal responses to the issue of female perpetrators of sexual assault "point to a widespread denial of women as potential sexual aggressors that could work to obscure the true dimensions of the problem."

A 2014 study of college campus rape statistics by the BJS found that 63% of reported rapes against females aged 18 to 24 are done by white males, 19% are done by black males and 10% are done by another race and 8% are unknown. The study used data from 1995-2013, and show that rape in college are independent of race. The National Violence Against Women Survey found that 34% of American Indian female respondents had experienced attempted or completed rape in their lifetime. The rapist was more likely to be a non-Native than a Native.

The 2010 National Intimate Partner and Sexual Violence Survey found that 13.1% of lesbians, 46.1% of bisexual women, and 17.4% of heterosexual women have been raped, physically assaulted, or stalked.

Rate of victimization

Over the last four decades, rape has been declining. According to the National Crime Victimization Survey, the adjusted per-capita victimization rate of rape has declined from about 2.4 per 1000 people (age 12 and above) in 1980 (that is, 2.4 persons from each 1000 people 12 and older were raped during that year) to about 0.4 per 1000 people, a decline of about 85%. There are several possible explanations for this, including stricter laws, education on security for women, and a correlation with the rise in Internet pornography. But other government surveys, such as the Sexual Victimization of College Women study, critique the NCVS on the basis it includes only those acts perceived as crimes by the victim, and report a much higher victimization rate.

Surveys like the NCVS cited above strive to measure rapes that do not get reported to authorities or prosecuted. Some official reports under-represent the prevalence of rape because a significant number of rapes go unreported or do not advance to prosecution. A 2014 report by the Department of Justice estimated that 34.8% cases of sexual assaults are reported to the authorities.

An examination of the relationship between the victim and his or her attacker indicates the following:

Relationship of victim to rapist

About four out of ten sexual assaults take place at the victim's own home.

Underreporting

A 2013 study found that rape is grossly underreported in the United States. Furthermore, a 2014 study determined that police departments eliminate or undercount rapes from official records in part to "create the illusion of success in fighting violent crime".

Gang rape

Based on the available data, 21.8% of American rapes of female victims are gang rapes.

College and university campuses

Definitions of rape can vary, and since not all rapes are reported, researchers instead rely on surveys of student and nonstudent populations to develop a more comprehensive understanding of the prevalence. Survey design including the questions and the sample quality and scope can also create wide ranges in rates.

The most recent study, conducted by U.S. Department of Justice's Bureau of Justice Statistics, represents a longitudinal study of US women from 1995 to 2013. For the year 2013, the study found that women aged 18–24 were more likely to be sexually assaulted at 4.3 per 1,000 (0.4%), than other women at 1.4 per 1,000 (0.1%). The study also found that the rate of sexual assault has been falling steadily since 1995, from a peak of 0.9% in 1997 to the current 0.4%. Rape, a subset of all sexual assault, had an incidence of 1.4 per 1,000 female students (0.1%) in 2013

In an effort to prevent rape on campuses, the Obama administration has instituted policies requiring schools to investigate rape cases and adjudicate rape cases under a “preponderance of the evidence” standard. These policies have been sharply criticized by civil libertarians concerned that they are eroding due process and will lead to wrongful convictions of the innocent. A number of lawsuits have been filed against colleges and universities by students claiming to have been wrongfully expelled for rape they did not commit. In 2016 the colleges with the highest rapes included Brown College and UConn tying for 43 rapes a year. Followed by Dartmouth college with 42, Wesleyan University with 35, University of Virginia with 35, Harvard with 33, University of NC at Charlotte with 32, Rutgers in New Brunswick with 32, University of Vermont with 27 and ending with Stanford with 26 rapes per year.

Criminal punishment

In the United States, the principle of dual sovereignty applies to rape, as to other crimes. If the rape is committed within the borders of a state, that state has jurisdiction. If the victim is a federal official, an ambassador, consul, or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state borders, or in a manner that substantially affects interstate commerce or national security, then the federal government also has jurisdiction.

If a crime is not committed within any state, such as in the District of Columbia or on a naval or U.S.-flagged merchant vessel in international waters, then federal jurisdiction is exclusive. In cases where the rape involves both state and federal jurisdictions, the offender can be tried and punished separately for each crime without raising issues of double jeopardy.

Because the United States comprises 51 jurisdictions, each with its own criminal code, this section treats only the crime of rape in the federal courts and does not deal with state-by-state specifics. Federal law does not use the term "rape". Rape is grouped with all forms of non-consensual sexual acts under chapter 109a of the United States Code (18 U.S.C. §§ 2241–2248).

Under federal law, the punishment for rape can range from a fine to life imprisonment. The severity of the punishment is based on the use of violence, the age of the victim, and whether drugs or intoxicants were used to override consent. If the perpetrator is a repeat offender the law prescribes automatically doubling the maximum sentence.

Kennedy v. Louisiana, 554 U.S. ___ (2008) was a decision by the U.S. Supreme Court that held that the Eighth Amendment's cruel and unusual punishment clause did not permit a state to punish the crime of rape of a child with the death penalty if the victim does not die and death was not intended, therefore if a person is convicted of rape he or she is not eligible for the death penalty according to the U.S. Supreme Court's ruling in Kennedy v. Louisiana 554 U.S. ___ (2008).

Different categorizations and maximum punishments for rape under federal law a list of rape laws by state

Jurisdiction issues also complicate the handling of campus rape; the situation in the U.S. is peculiar in that rape victims are not expected to report directly to the police.

Investigations

Medical personnel in the United States of America typically collect evidence for potential rape cases commonly referred to as rape kits. Though normally collected, the rape kits are not always sent off for testing. Police departments have cited cost (processing a rape kit can cost up to $1,500), a decision not to prosecute, and victims who recant or are unwilling to move forward with the case as the most common reasons for rape kits going untested.

Newspaper Northern Virginia Sun drew national attention in the late 1970s when owner Herman J. Obermayer said the Sun would print the name of accusers in rape cases that came to trial, out of a sense of "fairness" between the two sides. Time magazine reported that Obermayer's policy was “hotly denounced by local feminists, police, prosecutors, hospital officials and nearly all the Sun readers who have written or telephoned Obermayer to comment.” Time quoted Benjamin C. Bradlee, executive editor of the Washington Post, as saying, “It’s wrong. It’s misguided. We wouldn’t do it.”

Treatment of rape victims

Insurance companies have denied coverage for rape victims, claiming a variety of bases for their actions. In one case, after a victim mentioned she had previously been raped 17 years before, an insurance company refused to pay for her rape exam and also refused to pay for therapy or medication for trauma, because she "had been raped before" – indicating a preexisting condition. Some insurance companies have allegedly denied sexual-assault victims mental-health treatment, stating that the service is not medically necessary.

The 2005 Violence Against Women Act requires states to ensure that victims receive access to a forensic examination free of charge regardless of whether the victim chooses to report a sexual assault to law enforcement or cooperate with the criminal-justice system. All states must comply with the VAWA 2005 requirement regarding forensic examination in order to receive STOP Violence Against Women Formula Grant Program (STOP Program) funds. Under 42 U.S.C. § 3796gg-4, a State is not entitled to funds under the STOP Program unless the State or another governmental entity "incurs the full out-of- pocket cost of forensic medical exams ... for victims of sexual assault." This means that, if no other governmental entity or insurance carrier pays for the exam, states are required to pay for forensic exams if they wish to receive STOP Program funds. The goal of this provision is to ensure that the victim is not required to pay for the exam. The effect of the VAWA 2005 forensic examination requirement is to allow victims time to decide whether to pursue their case. Because a sexual assault is a traumatic event, some victims are unable to decide whether they want to cooperate with law enforcement in the immediate aftermath of a sexual assault. Because forensic evidence can be lost as time progresses, such victims should be encouraged to have the evidence collected as soon as possible without deciding to initiate a report. This provision ensures victims receive timely medical treatment.

Due to bureaucratic mismanagement in some areas, and various loopholes, the victim is sometimes sent a bill anyway, and has difficulty in getting it fixed.

Historical context

Rape, in many US states, before the 1970s, could incur capital punishment. The 1977 Supreme Court case of Coker v. Georgia held that the Eighth Amendment to the United States Constitution forbade the death penalty for the crime of rape of an adult woman. The court held that "Life is over for the victim of the murderer; for the rape victim, life may not be nearly so happy as it was, but it is not over, and normally is not beyond repair".

Feminism politicized and publicized rape as an institution in the late 20th century.

New York Radical Feminists held a Rape Speak Out, where women discussed rape as an expression of male violence against women, and organized women to establish rape crisis centers and work towards reforming existing rape laws. This was the first attempt to focus political attention on the issue of rape.

Feminist writings on rape include Against Our Will: Men, Women, and Rape, by Susan Brownmiller. Concepts such as date rape and marital rape were brought to public attention.

The murder of Megan Kanka, which occurred in 1994 in New Jersey, when the seven-year-old girl was raped and murdered by her neighbor, has led to the introduction of Megan's Law, which are laws which require law enforcement to disclose details relating to the location of registered sex offenders.

Several developments in regard to rape legislation have occurred in the 21st century. Following the intensely publicized case of the 2005 murder of Jessica Lunsford, a 9-years-old girl from Florida who was kidnapped, raped and murdered by a man with prior convictions for sexual attacks, states have started enacting laws referred to as Jessica's Law, which typically mandate life imprisonment with a mandatory minimum sentence of 25 years in prison, and lifetime electronic monitoring, for adults convicted of raping children under 12 years. Furthermore, US sex offender registries contain other sanctions, such as housing and presence restrictions.