An Overview of Federal Rape Laws

Before the 1960s, state rape laws were mainly defined as "carnal knowledge of a woman not one's wife by force or against her will." This narrow definition excluded male victims or marital rape. Additionally, the term "carnal knowledge" excluded other sexual acts such as oral and anal sex. In 1962, the U.S. Model Penal Code (MPC) updated this national definition to include aggravated bodily harm, threat of bodily harm as well as kidnapping, but still excluded situations of rape within a marriage and continued to focus on a victim's willingness rather than the perpetrator's compulsion. However, the MPC did establish a grading system for rape and comparable offenses.

In the 1970s and 1980s many reforms further changed federal rape laws. These reforms included the Privacy Protection for Rape Victims Act of 1978 which prevents a victim's sexual history being used as probative evidence; and gender neutrality, which broadened the definition to include men as victims and women as perpetrators.

Currently, Title 18, Chapter 109A of the Federal Criminal Code (based largely on Illinois' Criminal Sexual Assault Statute) not only recognizes gender neutrality, but has broadened the definition of sexual abuse to include acts other than vaginal penetration. The code also recognizes threats of harm in addition to overt force as coercive acts . Following the MPC, the Code distinguishes sexual abuse by the degree of force or threat used, similar to the aggravated versus simple distinction applied in physical assault cases. The Code specifically avoids the term "rape" but delineates two types of sexual assault:

• Aggravated sexual abuse
• Sexual abuse

It also defines the various abusive sexual contact and the issues of sexual abuse of a minor.

Aggravated Sexual Abuse

The Federal Criminal Code definition of aggravated sexual abuse includes:

• Force or Threat of Force: When a party knowingly causes another person to engage in a sexual act by use of force; or threatening or placing that person in fear that any person will be subjected to death, serious bodily injury or kidnapping.

• By Other Means: When a party knowingly renders a person unconscious and engages in a sexual act with the unconscious person; or administers by threat, force or without the person's knowledge an agent that impairs that person and then engages in a sexual act with the impaired person.
• With a Child: When a party knowingly engages (or attempts to do so) in a sexual act with a minor under the age of twelve.

Sexual Abuse

The Federal Criminal Code definition of sexual abuse includes:

• Causing another person to engage in a sexual activity by threatening or placing that person in fear.
• Engaging in a sexual act if that person is incapable of declining participation in, or communicating unwillingness to engage in that sexual act.

Abusive Sexual Contact

The Code definition is "when no sexual penetration actually occurred but when the intentional touching…of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person occurs."

Sexual Abuse of a Minor or Ward

The Code definition is when a party "knowingly engages in a sexual act with a person between the ages of 12 and 15 years.

Getting Help from a Lawyer

A seasoned federal attorney can give due consideration to factual and legal issues in cases of federal rape crimes. Always seek a lawyer to protect your rights when dealing with federal laws.