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2025 | 16 | 32 | 150-164

Article title

Wording Matters: Reconceptualizing Sexual Violence through Contemporary Legal Terminology

Authors

Content

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Languages of publication

Abstracts

EN
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 offense, namely the stand of 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 Recommendations from this article are directed to the relevant professionals to avoid certain outdated and inaccurate concepts and to gravitate toward more contemporary and universal sexual violence terminology, both in law and practice.

Year

Volume

16

Issue

32

Pages

150-164

Physical description

Dates

published
2025

Contributors

author
  • Faculty of Social Sciences, Albanian University, Tirana, Albania

References

  • Bartholini, Ignazia. “Some consideration about the gender violence in two States of Eastern and Western Europe.” Academicus International Scientific Journal vol. 11, 2015, pp. 142-153., https://doi.org/10.7336/academicus.2015.11.11.
  • DCAF - Geneva Centre for Security Sector Governance. Online Actions, Offline Harms: Case Studies on Gender and Cybersecurity in the Western Balkans. Ena Bavčić, ed. DCAF, 2023. https://idmalbania.org/study-report-the-freedomto-defend-rights-in-online-spaces-challenges-for-women-human-rightsdefenders-in-albania/.
  • European Institute for Gender Equality (EIGE). Combating Cyber Violence against Women and Girls. Publications Office of the European Union, 2022. https://eige.europa.eu/sites/default/files/documents/combating_cyber_violence_against_ women_and_girls.pdf.
  • Greijer, Susanna and Jaap Doek. Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual Abuse. 2nd ed. ECPAT International, 2025. https://ecpat.org/wp-content/uploads/2025/04/SecondEdition-Terminology-Guidelines-final.pdf.
  • Kullaj, Maend. “How the New European Union Directive on Violence against Women Stands Compared to the Istanbul Convention, and What Albania Could Learn From It”. Albanian Law Journal, (2024): 1-11. https://www.lawjournal.al/?q=article/how-new-european-union-directive-violence-against-womenstands-compared-istanbul-convention .
  • Kullaj, Maend. “Sex crimes under Kosovan criminal law: A comparative view”. Studime Juridike, no. 1 (2024): 267-83. ResearchGate.
  • Shehaj, Iris and Maend Kullaj. “Decoding cyberviolence: Online perpetration, offline victimization”. In International Academic Conference 'Crime, Society, Criminal Law and Justice Reform' (Book of Proceedings), (OSCE Presence in Albania, 2024), 495-506. ResearchGate.
  • United Nations Entity for Gender Equality (UN Women). Handbook for Legislation on Violence against Women. UN Women, 2012.
  • https://www.unwomen.org/sites/default/files/Headquarters/Atachments/ Sections/Library/Publications/2012/12/UNW_Legislation-Handbook%20pdf. pdf.
  • Council of Europe Convention on preventing and combating violence against women and domestic violence, CETS No. 210. (2011). CoE Treaty Ofice.
  • Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, CETS No. 201. (2007). CoE Treaty Ofice.
  • Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence. (2024). EUR-Lex.
  • Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating the sexual abuse and sexual exploitation of children and child sexual abuse material and replacing Council Framework Decision 2004/68/JHA (recast), COM/2024/60 final. (2024). EUR-Lex.
  • United Nations Convention against Cybercrime, Res. 79/243. (2024). UN Treaty Collection.
  • Draft Law “Proposals for additions and amendments to the Penal Code of the Republic of Albania”, 328 prot. (2024). parlament.al.
  • Law No. 18/2017 “On the rights and protection of the child”. (2017).
  • Law No. 37/2017 “Code of Criminal Justice for Minors”. (2017).
  • Law No. 62/2022 “On the National Register of Persons Convicted of Sex Crimes”. (2022).
  • Law No. 7895, dated 27.1.1995 “Penal Code of the Republic of Albania”, as amended. (1995).
  • Law No. 7905, dated 21.3.1995 “Criminal Procedure Code of the Republic of Albania”, as amended. (1995).

Document Type

Publication order reference

Identifiers

Biblioteka Nauki
62614083

YADDA identifier

bwmeta1.element.ojs-doi-10_7336_academicus_2025_32_11
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