Module 11
How Accurate Language About Sexual Assault Supports Victims in the Criminal Justice System

The Problem with “Perform”

Judicial opinions and news articles about cases involving what the law often calls “forced oral copulation” frequently describe the victim as having “performed oral sex.” A study of decisions by the Georgia Court of Appeals in child sexual abuse cases found 50 cases in which the court used “performed oral sex” to describe the actions of the child victim.[1]

The problem with “perform” in this context is that the word signifies a voluntary act—“Beyonce performed at the Super Bowl half time show”—and is completely inaccurate as a description of a sexual assault in which the offender forced his penis into the mouth of his victim, whether an adult or a child. 

“Oral sex” connotes mutuality, pleasure, and consent. Using the word “perform” in that context creates the sense that both parties were willing participants, and that that the victim is partly responsible for the victimization.  

It is essential to use language that assigns complete responsibility to the offender. Accurate, if disturbingly blunt, language makes it clear that the victim was not complicit, not willing, not morally responsible in any way for the victimization.    

Don't say: She performed oral sex.

Do say: He forced his penis into her mouth.

Disclaimers and Footnotes

1. The Judicial Language Project at New England Law School, 2010.

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