Josanne van Westrienen, LL.M., BA

Language is never neutral. Especially not in criminal law.

Trained in law at the Open University of the Netherlands and in French Language and Culture at Leiden University, I work at the intersection of criminal law, linguistics and comparative law.


My research examines how word choice, grammar and translation construct legal meaning. I focus particularly on consent and sexual violence in multilingual and comparative criminal law.


Legal linguistics – sometimes also called jurilinguistics – examines how language opens, limits or obscures possibilities for legal interpretation. It does not support the claim that a single word automatically produces a different judicial outcome; it allows us to investigate precisely what the written norm makes possible, salient or implicit.

My current research begins with an apparently simple question: what happens in law when sexual assault and rape are constructed differently across languages and legal systems?


Central research question

How does the linguistic construction of sexual assault and rape in criminal legislation – across language versions and legal systems – shape the legal scope of the offence, particularly in relation to the principle of legality and the way perpetrators and victims are represented?

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Switzerland provides the multilingual anchor for the research. The French, German and Italian versions of the Swiss Criminal Code are equally authoritative, without necessarily being semantically identical. I compare these versions with one another and with the criminal-law construction of consent and sexual violence in the Netherlands, France and Germany. Italy serves as an additional comparative case.


I examine not only the words legislators choose, but also what grammar and syntax do: which subject acts in the provision, how the victim is positioned, what forms of will or consent become legally salient and what the wording leaves implicit.


This line of research forms the basis of a comparative PhD proposal in criminal law and legal linguistics currently under review at the Open University of the Netherlands.

Completed research

BA thesis – Swiss law on sexual offences

Leiden University, 2026


Une loi, trois langues, un consentement ? Analyse lexico-sémantique et traductologique de l’article 190 du Code pénal suisse


The three language versions, which are equally authoritative, are treated as legally equivalent but do not construct consent, violence and agency in semantically identical ways. French volonté and Italian volontà leave broader room for subjective interpretation, while German-language scholarship links Wille more closely to an objectively recognisable will. The terms viol, Vergewaltigung and violenza carnale also foreground different conceptual dimensions, while the syntax does not distribute the roles of perpetrator and victim in the same way across all three versions.

The study concerns the written norm, principally Article 190(1). It identifies differences in interpretation and semantic scope; it does not empirically demonstrate that linguistic differences produce different judicial outcomes.


View the university repository record


LL.M. thesis – criminal liability at the preparatory stage

Open University of the Netherlands, 2020


De rekbaarheid van de strafbare voorfase in Nederland: een rechtsvergelijkend onderzoek met Duitsland naar de noodzaak van verdere oprekking van strafbaarheid in de voorfase


Based on a comparison with German law, this study concluded that a further expansion of criminal liability at the preparatory stage was not necessary in the Netherlands: existing statutory concepts already gave courts considerable interpretive room to classify a wide range of preparatory conduct.

How I study the language of law

1. Lexis and meaning

I compare key legal terms and their semantic scope: what meaning is made explicit, what remains implicit and what possibilities disappear from view?

2. Grammar and participant roles

I analyse syntax, verbs, perspective and agency. This reveals how a norm positions the perpetrator, the victim, the act, will and consent.

3. Legal effect

I connect linguistic analysis with legal doctrine and the principle of legality. This allows me to examine the interpretive possibilities the written norm opens, limits or makes less visible.

4. Comparative law

I compare language versions within a single legal system and related offence provisions across different systems. I ask whether a difference is better explained by language, by the legal system or by their interaction.

Sources and working languages

I conduct academic research in Dutch, French, German and English. I read French and German scholarship in the original languages, work selectively with Italian sources and can follow Swiss German media and public debate.

Josanne van Westrienen presenting her research on consent language in Swiss criminal law at the IAFLL conference in Montpellier.
IAFLL, Montpellier – 24 June 2026

Conference presentations

28 August 2026 – LOT Conference, online 

Conference page


Linguistic divergence in multilingual sexual assault legislation: How language shapes consent interpretation in Swiss criminal law

24 June 2026 – 6th European Conference of the IAFLL, Montpellier  

View the programme


When Translation Matters: Consent Language in Swiss Multilingual Criminal Law

Where I write about law and research

Café au Crime – French

French-language analysis of sexual violence, criminal law and the words through which law attempts to grasp that reality.


Featured: Une loi nazie toujours en vigueur

Koffie met Hoornse taart – Dutch

Dutch-language essays on law, language and research – and what becomes visible when legislation is read just a little too closely.

Interested in collaboration, a talk or expert commentary?

I welcome enquiries from researchers and research groups, conference organisers, editors and media producers, and legal or policy professionals. This may involve research collaboration, a lecture or panel, or legal and legal-linguistic commentary on consent in criminal law, sexual violence and comparative criminal law.