By Ginevra Le Moli

In legal discourse, ‘torture’ is a term used to describe the deliberate infliction of severe physical or mental pain and suffering upon a person. One controversial aspect of the legal definition of torture has been the status of the perpetrator, whose acts are relevant for the torture definition under international law. This ambiguity came to the forefront in the judgment of the United Kingdom (UK) Supreme Court in R v. Reeves Taylor, where the Court ruled that the category of persons ‘acting in an official capacity’ (under section 134 of the Criminal Justice Act 1988, which implements the United Nations Convention against Torture) included members of armed groups if those groups exercise governmental authority over a civilian population in a territory under their control. This article relies on R v. Reeves Taylor as a gateway for a wider analysis of four fundamental inquiries into the definition and operation of the crime of torture: (i) the rationales underlying the international criminal repression of torture; (ii) the rules (including the UN Convention as well as other rules) which give expression to different rationales; (iii) the spectrum of actors whose acts can constitute torture under different rationales and rules; and (iv) the wider implications of expanding the spectrum of possible perpetrators.

Journal of International Criminal Justice, Volume 19, Issue 2, May 2021, Pages 363–391,

By Melissa Farley & M. Alexis Kennedy

Background: Extreme violence and psychological abuse have been extensively documented and are pervasive in prostitution. Survivors of prostitution report high levels of posttraumatic stress disorder, dissociation, depression, and self-loathing. These are the same sequelae reported by torture survivors. Objective: Severe forms of violence have been categorized as torture by experts. The authors note that torture is commonly suffered during prostitution and should be appropriately named. Method: Using standardized measures and including a new measure of torture, we interviewed 45 women in the United States about their torture experiences in prostitution and their symptoms of PTSD, dissociation, childhood trauma, health status and somatic symptoms. The interviewees had exited prostitution and were in supportive programmes. Results: Formerly prostituted interviewees reported acts of physical, sexual, and psychological torture, including strangulation, rape, beatings, restriction of movement, denial of privacy, sleep, or food, and being forced to witness the torture of others. The 45 women had high levels of PTSD and dissociation. They endorsed needs for individual counselling, substance abuse treatment, and other medical care. Conclusions: A recognition of the physical, sexual, and psychological torture experienced in prostitution would strengthen psychological and medical interventions for survivors. Naming specific acts of prostitution as torture will reduce the survivor’s shame and selfblame. Holistic treatment includes medical and psychological interventions and peer support, as seen in torture rehabilitation programmes for survivors of state-sponsored torture. This research supports the perspective that private or non-state-sponsored torture against women and marginalized populations should be clinically and legally understood in the same way as state-sponsored torture.   

European Journal of Psychotraumatology, 15:1, 2404307, DOI: 10.1080/20008066.2024.2404307 To link to this article: