FBI Definition, #MeToo May Increase Rape Reports

New crime statistics show the number of rape cases handled by the Lincoln Police Department went up in 2018. State statistics trended up from 2016 to 2017 as well.

Rape statistics can elicit a lot of emotions. The numbers represent real trauma for real people. So when the Lincoln Police Department released its crime numbers for 2018, the increase of 9.2 percent in rape cases stood out. In 2017 there were 260 rapes reported in Lincoln, and in 2018 there were 284.

Angela Sands is the public information officer for the Lincoln Police Department.

“While at initial glance that looks bad like, 'Oh no there's more rapes,' we already know that's the most under-reported crime. So, seeing an increase in reports could be a good thing. Socially, we need to see a little bit more movement, but we're seeing attitudes change towards rape,” Sands said.

Nationally, somewhere between 20 and 35 percent of rape and sexual assault cases are reported to police. For comparison, about 60 percent of robberies get reported.

That’s why Sands thinks an increase in reports might be a good thing if rape survivors feel more comfortable reporting to the police. Why?

Sands gives some credit to the #MeToo movement.

“We see women coming forward and saying, 'Hey, this happened.' Whether it's a belated report, even if that person, the perpetrator is deceased, there's nothing that can be done, it's still part of the healing process and so, I think that can be interpreted as a good thing that society, while it may be happening slowly, is changing to where women feel comfortable coming forward,” Sands said.

A belated report is one made after some time has passed. In some cases, this could be years later when a survivor has gone to therapy for an incident that happened when they were much younger.

Emily Schoenleber is the Domestic and Sexual Violence Program manager for the Nebraska State Patrol. She says Sands’ #MeToo theory is in line with what she hears from law enforcement around the state.

“Yes, we are seeing an uptick in reports since the #MeToo movement started in the fall of 2017. Since we don't have solid data from 2018 just yet, it's hard to put a number on that. But anecdotally yes, we are seeing more reports. What that looks like and how that continues to evolve is yet to be seen of course. But the short answer is yes,” Schoenleber said.

Schoenleber also explains a second cause for the increase in rape cases, which at the state level was just under 30 percent from 2016 to 2017.

“A significant part of that has to do with the change in definition from the FBI. On what constitutes a rape. We think 2017 and 2016 are probably the only years that fully implement the new definition. From being the old definition of carnal knowledge of a female forcibly against her will to the current definition of penetration without consent,” Schoenleber said.

That new definition is more inclusive and in line with what is already in Nebraska statute. It means more sexual violent crimes are reported as rape to the FBI.

The increase in rape cases increases the workload for law enforcement, but Schoenleber says they’ve been preparing for this for a while.

“Understanding how that trauma impacts that person's life, and also how that trauma is going to impact a person's memory and how they're able to recall the incidences that they experienced. Understanding that in greater detail and knowing the neurobiology of what the brain does to protect the body and to protect the person when they experience something traumatic,” Schoenleber said.

According to Schoenleber, that understanding has made law enforcement’s work more effective.

“When we approach our investigations from that trauma-informed response, victims stay engaged more frequently so we can continue to work the case from start to finish without having victims disengage and be no longer willing to work with us to hold the perpetrator accountable,” Schoenleber said.

Sands of the Lincoln Police Department says they’ve made similar changes, including implementing belief-based interviews with rape survivors.

“You are to believe them. What they're saying, they're telling you the truth to the best of their ability and this is accurate and you treat them as such. Where, I think, people have a perception of what maybe policing used to be where the, 'What were you wearing, were you drinking alcohol?' Those type of things that obviously we have the education and training now to know that's not appropriate,” Sands said.

These new strategies also include some myth busting. Sands says older forms of policing may have believed someone involved in prostitution can’t be raped, but that’s not true.

“Sometimes, though, that discourages victims from coming forward. Maybe they were engaged in prostitution or maybe they were doing something illegal so they don't want to admit that, and that's where we try to get over that barrier to let them know, 'Hey it doesn't matter what you were doing, you're not in trouble, you know, it's not okay if someone rapes you just because you were doing this activity,'” Sands said.

Sands sees the increase in rape reports as a positive, but it’s important to note the increase doesn’t hold across all departments. The Omaha Police Department actually saw a decrease in reports of two percent last year.

OPD's Captain Anna Colon says she thinks the impacts of #MeToo have been more limited.

“#MeToo it appears to be that it's more on a higher level, more like in your workplace environment, and that is not what we're seeing in our numbers,” Colon said.

This variation adds to an already complex and emotional topic. Law enforcement will continue to work to make survivors of sexual violence comfortable coming forward and to hold those who commit such crimes accountable.