Rape culture in legal discourse: careful use of words to combat sexual violence

Is sexual assault: (1) sexual abuse; (2) a sexual affair; (3) a youthful indiscretion; (4) a deviance; or (5) none of the above? It is not always easy to navigate the issue of sexual violence. In a society marked by rape culture, unconscious biases can lead us to euphemize, romanticize, eroticize, excuse, and even encourage sexual violence. This article offers a linguistic perspective on sexual violence by examining the biases, stereotypes, and myths about rape that permeate legal discourse. We discuss terms that trivialize sexual violence, such as "sexual abuse," "stealing a kiss," "fondling," and "misconduct." We also analyze victim-blaming language, sexist expressions that betray a view of rape as a "loss of control," the unseen presence of violent men, and the shifting nature and pathologizing of perpetrators. By examining rape culture specifically from the perspective of language or discourse, we provide lawyers with new tools to advance the fight against violence towards women.