The new torture bill being peddled by the White House and the Senate includes loopholes that allow for rape, sexual assault and sexual abuse. Serbia would be so proud of us. In it’s current form, the bill could make it impossible to prosecute rape or sexual assault as torture. In order to prosecute torture, according to the legislation, there must be specific proof of intent to commit a crime. Motive is nearly impossible to prove in cases of rape or assault according to Rhonda Copelon, a professor of law at the City University of New York.

The bill only mentions rape or sexual assault twice and both times the wording creates loopholes to allow American torturers to engage in the heinous acts. The bill blatantly does not define rape as sex without consent, which is how federal law defines it. Without fear of prosecution guards or interrogators could easily rape inmates as the bill is currently written.

The bill’s definition of sexual abuse is also very narrow, requiring physical contact. These means prisoners could be ordered to strip, and forced into a pile of other naked prisoners (Abu Ghraib) or wear underwear on their head while someone takes nice photos.

Neither Sen. Lindsey Graham nor Sen. John McCain, the bill's authors, responded to questions from the New York Times about why they are okay with rape.