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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
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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)
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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).
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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:
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Oral penetration
Anal penetration
Penetration with objects
Rape of males
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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.”
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Impact to Law Enforcement
By changing the Rape definition, local, state,
tribal, and federal UCR Programs had to:
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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
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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
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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
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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.
NIBRS • Rape
NIBRS
NIBRS
Summary Rape
• Sodomy
• Sexual Assault With An Object
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2013 New Rape Submissions
As of April 7, 2014, the FBI UCR Program has
received New Rape data from 9,269 LEAs:
Type of 2013
Data Submissions
Summary (new)
Number of
Agencies
2,992
NIBRS Rape, Sodomy, and
Sexual Assault With An
Object
TOTAL (new)
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Population
36,731,208
6,277
91,968,945
9,269
128,700,153
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2013 New Rape Submissions
These data represent:
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50% of the UCR-reporting agencies
41% of the associated population
10 Summary-reporting states
36 NIBRS-reporting states
36 State UCR Programs
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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%.
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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
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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.
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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.
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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
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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.”
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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.
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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.
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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.
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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.
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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, in
Table 4. The program will continue to release
New Rape data in the 2013 UCR publications.
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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.”
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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 opening of the body
of another person. . .”
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Questions?
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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
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