Damage assessment and Damage index for RC members failed in flexure was investigated by using the nonlinear finite element analysis, included with nonlocal constitutive law, which is analyzed for the localization of the failure on the post-peak region. In the nonlcal constitutive law, The local strains obtained at gauss points were averaged over a particular length, i.e. characteristic length and it was used to evaluate the damage of RC column member. As the analysis results, The value of nonlocal strain shows less mesh sensibility. In the damage assessment, It was confirmed that evaluations of damage of RC member were able to use nonlocal compressive strain on a cover concrete and a core concrete of the member. Moreover it was confirmed that damage process for the statically indeterminate structure was able to evaluate the damage context of the component members of the structure.