Naming Gendered Harm: Criminal Law and the Semiotics of Legal Categories

Abstract This article asks how criminal law names gendered harm, and why those names matter. Legal categories such as “sexual assault,” “strangulation,” and “victim” do not merely describe events: they construct social reality by shaping what is rendered intelligible as harm, how seriousness is calibrated, and whose accounts are treated as credible. Drawing on two New Zealand–centred case studies—non-fatal strangulation (offence creation, charging/sentencing uptake) and sexual assault (consent/credibility doctrine and interpretive instability)—the article shows that legal naming can make harms more visible and actionable, while also transferring interpretive and institutional power to state actors who may deploy those categories in ways feminists do not control. The article treats legal meaning-making as a contested political process that unfolds over time through interpretation and institutional uptake, not as a completed technical exercise at the moment of enactment. It develops “sceptical reform” as a methodological stance: engaging law’s categories tactically while maintaining critical distance from their distortions, institutional translations, and uneven distribution of recognition.

Authors

Institutions

Publication Details

Journal
International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique
Published
2026-01-20
DOI
https://doi.org/10.1007/s11196-025-10415-4
Primary Topic
Feminism, Gender, and Sexuality Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Naming Gendered Harm: Criminal Law and the Semiotics of Legal Categories

Zoë Prebble
International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique
Feminism, Gender, and Sexuality Studies
article

Naming Gendered Harm: Criminal Law and the Semiotics of Legal Categories

Zoë Prebble
article en

Abstract

Abstract This article asks how criminal law names gendered harm, and why those names matter. Legal categories such as “sexual assault,” “strangulation,” and “victim” do not merely describe events: they construct social reality by shaping what is rendered intelligible as harm, how seriousness is calibrated, and whose accounts are treated as credible. Drawing on two New Zealand–centred case studies—non-fatal strangulation (offence creation, charging/sentencing uptake) and sexual assault (consent/credibility doctrine and interpretive instability)—the article shows that legal naming can make harms more visible and actionable, while also transferring interpretive and institutional power to state actors who may deploy those categories in ways feminists do not control. The article treats legal meaning-making as a contested political process that unfolds over time through interpretation and institutional uptake, not as a completed technical exercise at the moment of enactment. It develops “sceptical reform” as a methodological stance: engaging law’s categories tactically while maintaining critical distance from their distortions, institutional translations, and uneven distribution of recognition.

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique
Victoria University of Wellington (NZ)
Gender equality
Openalex Percentile: Top 86%
Feminism, Gender, and Sexuality Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.