Wording Matters Reconceptualizing Sexual Violence through Contemporary Legal Terminology

Abstract

Among the measures employed to address the prevalence of sexual violence, the very words that define the crimes are overlooked at times. A more critical view is present from both officials and victims, aptly recognizing that even legal language could pose harm. This article delves into the impact legal terminology may have on understanding and responding adequately to sexual violence; how using one term over another may trivialize the gravity of the sexual offense and lead to stigmatization—a stark contrast exists between the terms lewd acts and child sexual abuse, while a more nuanced one does with rape and sexual assault. Crucial distinctions are also found in constitutive elements of sexual offenses, namely the standoff between the elements of force and consent. The article notably draws from revised international terminology guidelines and standards, especially on child sexual abuse and exploitation, including new terms related to novel forms of sexual violence in the digital sphere. Maintaining a semantic analysis, part of the article is dedicated to Albania’s approach to defining sexual violence in comparison with international and neighboring standards. The analysis concludes by highlighting the constant evolution of sexual violence terminology and its association with victim protection standards. Rather than defining sex crimes based on the perpetrator’s actions, the victim’s harm must be the guiding principle of legal terminology. While certainly not the one-all-end-all solution to eliminating sexual violence, it is not without contribution. Recommendations from this article are directed to the relevant professionals to avoid certain outdated and inaccurate concepts and to gravitate toward more contemporary and universal sexual violence terminology, both in law and practice.