Is it sex or assault? Erotic versus violent language in sexual assault trial judgments

This research examined the language used to describe sexual offenses in 75 British Columbia trial judgements. Since 1983 nonconsensual sexual contact is legally termed as "sexual assualt" in Canada, so we tested whether the l anguage in the judgements depicted sexual activity or assault. The most fre quent characterization was in sexual (erotic or affectionate) language, whi ch strongly implies mutuality and consent, whereas language depicting force , violence, or unilateral action was much less common-regardless of guilt o r innocence, the nature of the charge, and the age of the complainant. We p ropose that sexualized descriptions minimize the inherent violence of sexua l assaults and hide the survivors' experience.