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Sexual Violence Data: Actions Needed to Improve Clarity and Address Differences Across Federal Data Collection Efforts

GAO-16-546 Published: Jul 19, 2016. Publicly Released: Aug 18, 2016.
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Highlights

What GAO Found

Four federal agencies—the Departments of Defense, Education, Health and Human Services (HHS), and Justice (DOJ)—manage at least 10 efforts to collect data on sexual violence, which differ in target population, terminology, measurements, and methodology. Some of these data collection efforts focus on a specific population that the agency serves—for example, the incarcerated population—while others include information from the general population. These data collection efforts use 23 different terms to describe sexual violence. Data collection efforts also differ in how they categorize particular acts of sexual violence. For example, the same act of sexual violence could be categorized by one data collection effort as “rape,” whereas it could be categorized by other efforts as “assault-sexual” or “nonconsensual sexual acts,” among other terms. In addition, five data collection efforts—overseen by Education, HHS, and DOJ—reflect inconsistencies between their measurements and definitions of sexual violence. Further, these data collection efforts do not have publicly-available descriptions of what is included in their respective measurements to allow persons using the data to understand the differences, which may lead to confusion for data users. Publicly-available measurement information could enhance the clarity and transparency of sexual violence data. Data collection efforts also differ in terms of the context in which data are collected, data sources, units of measurement, and time frames.

Differences in data collection efforts may hinder the understanding of the occurrence of sexual violence, and agencies' efforts to explain and lessen differences have been fragmented and limited in scope. Differences across the data collection efforts may address specific agency interests, but collectively, the differences lead to varying estimates of sexual violence. For example, in 2011 (the most recent year of available data), estimates ranged from 244,190 rape or sexual assault victimizations to 1,929,000 victims of rape or attempted rape. These differences can lead to confusion for the public. Officials from federal agencies and entities GAO spoke with who use federal data on sexual violence emphasized that the differences across the data collection efforts are such that the results are not comparable, and entities reported using data that best suited their needs. Agencies have taken some steps to clarify the differences between the data collection efforts. For example, two DOJ entities coauthored a statement that describes the differences between their two efforts. In addition, agencies have taken some steps to harmonize the data collection efforts—that is, coordinate practices to achieve a shared goal. However, actions to increase harmonization have been fragmented, generally only involving 2 of the 10 data collection efforts at a time, and limited in scope. The Office of Management and Budget (OMB) through its authority to coordinate federal statistics has previously convened interagency working groups, such as the Interagency Working Group for Research on Race and Ethnicity, to improve federal statistics. OMB has no plans to convene a working group on sexual violence data. Additional collaboration, facilitated by OMB, between agencies that manage data collection efforts about which differences help or hinder the overall understanding of sexual violence could help to clarify the scope of the problem of sexual violence in the United States.

Why GAO Did This Study

Concerns have grown about sexual violence—in general, unwanted sexual acts—in the United States, particularly involving certain populations such as college students, incarcerated individuals, and military personnel. Data on the occurrence of sexual violence are critical to preventing, addressing, and understanding the consequences of these types of crimes. GAO was asked to identify and compare federal efforts to collect data on sexual violence.

This report addresses two questions: (1) What are the federal efforts underway to collect data on sexual violence, and how, if at all, do these efforts differ? (2) How do any differences across the data collection efforts affect the understanding of sexual violence, and to what extent are federal agencies addressing any challenges posed by the differences? GAO reviewed agency documentation and academic literature, and interviewed agency officials.

Recommendations

GAO recommends that Education, HHS, and DOJ make information that is included in their measurements of sexual violence publicly available. GAO also recommends that OMB establish a federal interagency forum on sexual violence data. Education, HHS, and DOJ agreed with the recommendation. OMB stated that convening a forum may not be the most effective use of resources at this time, in part because the data collection efforts are not far enough along in their research. However, OMB said it will consider convening or sharing information across agencies in the future.

Recommendations for Executive Action

Agency Affected Recommendation Status
Department of Education To enhance the clarity and transparency of sexual violence data that is reported to the public, the Secretary of Education should direct the Assistant Secretary for the Office of Postsecondary Education, the Secretary of Health and Human Services should direct the Director of Centers for Disease Control and Prevention, and the Attorney General should direct the Director of the Bureau of Justice Statistics to make information on the acts of sexual violence and contextual factors that are included in their measurements of sexual violence publicly available. This effort could entail revising their definitions of key terms used to describe sexual violence so that the definitions match the measurements of sexual violence.
Closed – Implemented
Education's revised June 2016 "The Handbook for Campus Safety and Security Reporting" makes information on the acts of sexual violence and contextual factors that are included in the Clery Act data's measurements of sexual violence publicly available. For example, the Handbook states, below the definition of rape, "Include the crime as Rape, regardless of the age of the victim, if the victim did not consent or if the victim was incapable of giving consent." Through this language, the contextual factor of "victim unable to consent (or refuse) (including because the victim was asleep, unconscious, or due to illness or disability)" is explicitly referenced as included in the measurement of rape. Through this same language, the contextual factor of "victim alcohol/drug facilitated," is implicitly referenced as included in the measurement of rape, considering that someone under the influence of alcohol or drugs may be incapable of giving consent.
Department of Health and Human Services To enhance the clarity and transparency of sexual violence data that is reported to the public, the Secretary of Education should direct the Assistant Secretary for the Office of Postsecondary Education, the Secretary of Health and Human Services should direct the Director of Centers for Disease Control and Prevention, and the Attorney General should direct the Director of the Bureau of Justice Statistics to make information on the acts of sexual violence and contextual factors that are included in their measurements of sexual violence publicly available. This effort could entail revising their definitions of key terms used to describe sexual violence so that the definitions match the measurements of sexual violence.
Closed – Implemented
As of June 2017, CDC has updated the Web-based Injury Statistics Query and Reporting System (WISQARS) documentation online, which contains the sexual violence definitions used for the National Electronic Injury Surveillance System-All Injury Program (NEISS-AIP) database, which is one of the 10 data collection efforts in our report. At the time of our report, we found that NEISS-AIP included acts of sexual violence involving penetration of a victim with an object and acts of sexual violence involving a victim being made to penetrate someone else with an object in its measurement of assault-sexual, but did not explicitly include these acts of sexual violence in its definition of assault-sexual. The updated definitions now explicitly include reference to both of these acts of sexual violence.
Department of Justice To enhance the clarity and transparency of sexual violence data that is reported to the public, the Secretary of Education should direct the Assistant Secretary for the Office of Postsecondary Education, the Secretary of Health and Human Services should direct the Director of Centers for Disease Control and Prevention, and the Attorney General should direct the Director of the Bureau of Justice Statistics to make information on the acts of sexual violence and contextual factors that are included in their measurements of sexual violence publicly available. This effort could entail revising their definitions of key terms used to describe sexual violence so that the definitions match the measurements of sexual violence.
Closed – Implemented
As of October 2018, BJS has amended the descriptions of the methodology and definitions related to sexual violence statistics in the codebook and summary reports of the National Crime Victimization Survey. As of June 2020, BJS reported that they have drafted updates to the survey instruments for the National Inmate Survey (NIS) and Survey of Sexual Victimizations (SSV) to clarify the acts of sexual violence and contextual factors that are included in their measurements of sexual violence. For example, a draft of the NIS survey instrument clarifies that penetration with an object is included in the measures of "nonconsensual sexual acts" as well as "staff sexual misconduct." In a letter to GAO on September 1, 2020, DOJ officials state that BJS plans to include definitional clarifications in methodological notes in future analytical reports based on the NIS and the SSV. For example, future SSV reports will include clarification that "nonconsensual sexual acts" includes attempted nonconsensual sexual acts if the attempted acts were recorded in this way by correctional officers at the facility. The next planned publication for the SSV will be released in 2021. The next planned publications for the NIS will be released in 2022-2023, depending on delays in data collection due to COVID-19. Through these adjustments to the survey instruments and summary reports, DOJ has helped clarify definitions related to acts of sexual violence that are included in the measurements of sexual violence in the agency's data collection efforts.
Office of Management and Budget To help lessen confusion among the public and policy makers regarding federal data on sexual violence, the Director of OMB should establish a federal interagency forum on sexual violence statistics. The forum should consider the broad range of differences across the data collection efforts to assess which differences enhance or hinder the overall understanding of sexual violence in the United States.
Open
At the time of our report, OMB neither agreed nor disagreed with this recommendation but stated that it did not believe convening a forum was the most strategic use of resources because agencies were not far enough along with their data collection efforts. We disagree with OMB's assertion because 7 of the 10 data collection efforts have been in place for more than 10 years, and several have been in place for multiple decades. In the Fiscal Year 2022 Consolidated Appropriations Act, Congress is requiring the Department of Justice to establish an interagency working group to study federal efforts to collect data on sexual violence and to make recommendations on the harmonization of such efforts. The requirement is similar to the recommendation we made to OMB in GAO-16-546. As of February 2024, DOJ has established and chaired the Sexual Violence Data Interagency Working Group. In addition to DOJ, the group includes representatives from the Centers for Disease Control, the Department of Health and Human Services; the Department of Education; the Equal Employment Opportunity Commission; and U.S. Department of Justice (DOJ). The group is currently working on a report to Congress, due March 2024. According to DOJ officials, the report will examine federal efforts to harmonize data collection on sexual violence and provide recommendations to encourage and enhance the information exchange, coordination, and collaboration of statistical data collection efforts for sexual violence. We will continue to assess progress on this effort as DOJ finalizes and releases the group's report.

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AssaultCollege studentsCorrectional facilitiesSexual violenceCrime victimsCriminalsData collectionEducationFederal agenciesFederal regulationsGovernment information disseminationHealth statisticsInteragency relationsMilitary personnelPrisonersRapeSexual abuseSexual assaultsSex crimesSexual harassmentStatistical dataVictims of crimeWomen