Revisions to the Uniform Crime Report’s Definition of Rape

Data Reported on Rape Will Better Reflect State Criminal Codes, Victim Experiences

WASHINGTON—Attorney General Eric Holder today announced revisions to the Uniform Crime Report’s (UCR) definition of rape, which will lead to a more comprehensive statistical reporting of rape nationwide. The new definition is more inclusive, better reflects state criminal codes and focuses on the various forms of sexual penetration understood to be rape. The new definition of rape is: “The 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.” The definition is used by the FBI to collect information from local law enforcement agencies about reported rapes. 

“Rape is a devastating crime and we can’t solve it unless we know the full extent of it,” said Vice President Biden, a leader in the effort to end violence against women for over 20 years and author of the landmark Violence Against Women Act. “This long-awaited change to the definition of rape is a victory for women and men across the country whose suffering has gone unaccounted for over 80 years.”  

“These long overdue updates to the definition of rape will help ensure justice for those whose lives have been devastated by sexual violence and reflect the Department of Justice’s commitment to standing with rape victims,” Attorney General Holder said. “This new, more inclusive definition will provide us with a more accurate understanding of the scope and volume of these crimes.”  

“The FBI’s Criminal Justice Information Services (CJIS) Advisory Policy Board recently recommended the adoption of a revised definition of rape within the Summary Reporting System of the Uniform Crime Reporting Program,” said David Cuthbertson, FBI Assistant Director, CJIS Division. “This definitional change was recently approved by FBI Director Robert S. Mueller. This change will give law enforcement the ability to report more complete rape offense data, as the new definition reflects the vast majority of state rape statutes. As we implement this change, the FBI is confident that the number of victims of this heinous crime will be more accurately reflected in national crime statistics.” 

The revised definition includes any gender of victim or perpetrator, and includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity, including due to the influence of drugs or alcohol or because of age. The ability of the victim to give consent must be determined in accordance with state statute. Physical resistance from the victim is not required to demonstrate lack of consent. The new definition does not change federal or state criminal codes or impact charging and prosecution on the local level.    

“The revised definition of rape sends an important message to the broad range of rape victims that they are supported and to perpetrators that they will be held accountable,” said Justice Department Director of the Office on Violence Against Women Susan B. Carbon. “We are grateful for the dedicated work of all those involved in making and implementing the changes that reflect more accurately the devastating crime of rape.”

The longstanding, narrow definition of forcible rape, first established in 1927, is “the carnal knowledge of a female, forcibly and against her will.” It thus included only forcible male penile penetration of a female vagina and excluded oral and anal penetration; rape of males; penetration of the vagina and anus with an object or body part other than the penis; rape of females by females; and non-forcible rape.

Police departments submit data on reported crimes and arrests to the UCR. The UCR data are reported nationally and used to measure and understand crime trends. In addition, the UCR program will also collect data based on the historical definition of rape, enabling law enforcement to track consistent trend data until the statistical differences between the old and new definitions are more fully understood. 

The revised definition of rape is within FBI’s UCR Summary Reporting System Program. The new definition is supported by leading law enforcement agencies and advocates and reflects the work of the FBI’s CJIS Advisory Policy Board.

New Prague Woman Indicted for Making Threats Against Vice President, Federal Agents

An indictment has been returned in federal court in Minneapolis charging a 47-year-old New Prague woman with threatening to kill Vice President Joe Biden and several federal law enforcement officers. Kim Rolene Hutterer has been charged with one count of threats against the vice president, one count of threatening interstate communications, and two counts of mailing threatening communications.

The indictment alleges that on October 19, 2010, Hutterer mailed a letter containing threats against Vice President Biden and an agent of the Federal Bureau of Investigation. In addition, Hutterer allegedly mailed a similar threat to a federal law enforcement officer on March 29, 2011. Finally, the indictment alleges that on September 21, 2010, Hutterer threatened an employee of the United States Bureau of Prisons (“BOP”) during a telephone call to the BOP’s Federal Correctional Institute in Welch, West Virginia.

A law enforcement affidavit filed in the present case states that in 1991, Hutterer was arrested by an FBI agent in connection with a false bomb threat she made concerning a Northwest Airlines passenger plane. While awaiting trial in that case, Hutterer carved into the wall of her cell a threat against that FBI agent. Since that time, Hutterer purportedly has mailed and texted other threatening messages to the agent, along with making threatening telephone calls to his home and work. On October 19, 2010, Hutterer allegedly mailed an 11-page, handwritten letter addressed to the “Agent in Charge” of the FBI’s Minneapolis Field Office from the Carver County jail, where she was incarcerated at the time. The letter, along with five additional pages of drawings, contained threats to injure and kill the agent who arrested her in 1991.

Then, on September 22, 2010, Hutterer reportedly called a doctor in New Prague and left a voice-mail message that stated, “Ransom will be held for someone.” Several days later, she allegedly called the same FBI agent with whom she had previously dealt, leaving several messages about kidnapping a child. Hutterer reportedly continued to threaten that agent, even after she was released from state prison on March 25, 2011. On March 26, 2011, one of her text messages purportedly read, “try to find me before I find you to have some fun with you.” And, on March 27, 2011, Hutterer allegedly sent a series of text messages threatening damage to a federal facility.

If convicted, Hutterer faces a potential maximum penalty of 10 years in prison on each mailing threatening communications count, and five years on both threatening the vice president and threatening interstate communications. All sentences will be determined by a federal district court judge.

This case is the result of an investigation by the FBI, the BOP, the Carver County Sheriff’s Office, the LeSuer County Sheriff’s Office, the Sherburne County Sheriff’s Office, the St. Louis County Sheriff’s Office, and the U.S. Secret Service. It is being prosecuted by Assistant U.S. Attorney Karen B. Schommer.

An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.