Normal Trauma and Abnormal Diagnosis: A Discursive Analysis of Sexual Violence Law and Policy in England and Wales

This paper interrogates the discursive construction of the relationship between sexual violence and ‘mental health’ in case law and legal policies from England and Wales. It shows that the law invariably enacts a binary discursive construction of those who have experienced sexual violence where mental health evidence is introduced. Individuals are constructed as either experiencing ‘normal trauma’ or an ‘abnormal diagnosis’. These findings are contextualised within recent feminist legal reforms to the treatment of mental health evidence in sexual violence cases, and emphasise the pressing need to centre the experiences of those who identify with psychiatric diagnoses in feminist anti-sexual violence politics.

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Publication Details

Journal
Feminist Legal Studies
Published
2025-11-06
DOI
https://doi.org/10.1007/s10691-025-09588-x
Primary Topic
Sexual Assault and Victimization Studies
Type
article
Field-Weighted Citation Impact
0.00

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article

Normal Trauma and Abnormal Diagnosis: A Discursive Analysis of Sexual Violence Law and Policy in England and Wales

Emma Yapp
Feminist Legal Studies
Sexual Assault and Victimization Studies
article

Normal Trauma and Abnormal Diagnosis: A Discursive Analysis of Sexual Violence Law and Policy in England and Wales

Emma Yapp
article en

Abstract

This paper interrogates the discursive construction of the relationship between sexual violence and ‘mental health’ in case law and legal policies from England and Wales. It shows that the law invariably enacts a binary discursive construction of those who have experienced sexual violence where mental health evidence is introduced. Individuals are constructed as either experiencing ‘normal trauma’ or an ‘abnormal diagnosis’. These findings are contextualised within recent feminist legal reforms to the treatment of mental health evidence in sexual violence cases, and emphasise the pressing need to centre the experiences of those who identify with psychiatric diagnoses in feminist anti-sexual violence politics.

Feminist Legal Studies
Birkbeck, University of London (GB)
Wellcome Trust
Openalex Percentile: Top 60%
Sexual Assault and Victimization Studies
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