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Normal Trauma and Abnormal Diagnosis: A Discursive Analysis of Sexual Violence Law and Policy in England and Wales
1Faculty of Humanities and Social Sciences, Birkbeck College, University of London, 26 Russell Square, London, WC1B 5DQ UK.
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.
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