ABSTRACT
“Sexual assault” is in a sense a neologism even though it is the term that replaced “rape” in most state laws since the 1960s and is enshrined in the Uniform Code of Military Justice, the UCMJ. Assault is always pre-emptive; it's never defensive. “Sexual assault” adds a modifying adjective to the primary noun and makes the assault primary. Sexual assault assumes the possibility of assault in every sex act and is therefore open to extraordinary misuse. The way “sexual assault” is approached also vilifies men because of the use, to combat sexual assault, of Title IX of the education amendments of 1972, as the Obama administration did with respect to civilian colleges and universities. The terminology of accusers being “victims” was essential to the program, not just part of its name. Special victim crimes disproportionately impact certain victims because who they are, or what motivated the crime.
