The news around Donald Trump's rapey caught-on-tape comments has seen the word lewd bandied around quite a bit, and I've seen a fair amount of complaint about its use to describe what Trump said. It didn't really occur to me that this might be a transatlantic problem when Alan Rew kindly pointed this tweet in my direction:
And that pushed me to think: Is there actually a difference? Do American newspapers and broadcasters use the word because it is a legally correct word in the US for something like this?
Hoping for some insight, I checked the kinds of authorities American news organi{s/z}ations might use: the AP Style Guide and Garner's Modern Usage. Neither says a thing about lewd, so I don't know that newswriters are getting any particular instruction to use that word.
Is it used more in American law? These things are hard to compare country-to-country because so much of American law is at the state level. Searching the US Legal Code at the House of Representatives site, I found 19 federal laws using the word lewd, including the phrase lewd acts, which is at times contrasted with the more serious sexual acts, which seem to be more precisely defined. In other cases, lewd is used to refer to pornography (or a subset thereof). Choosing a state to search, I used California. Currently there are 50 laws on the books with the word lewd in them.
Looking at UK law was harder (maybe there are easier ways to do it than I know). Legislation.gov.uk is searchable, but it includes all laws back to the 13th century, including out-of-date material, and I don't see a way to limit the search to only current laws (though it does let you search particular dates). So I got 50 hits for lewd, but the results are crowded with legislation that's been replaced by other legislation that may or may not include many of the same words.
But it does seem to be the case that lewd is used more in Scottish law than other UK places. For example, in the Sexual Offences Act of 2003 [pdf link], lewd occurs once, but only in a listing of Sexual Offences in Scotland, this one being "Lewd, indecent or libidinous behaviour or practices". The England and Wales listing has no lewd crime. (Lewdly also occurs in the document, but then it's just noting that the current law is removing that word from a 19th-century law "as it extends to Northern Ireland".)
As for how lewd is used in non-legislative text, the Corpus of Global Web-Based English shows that Americans are more likely than Britons to talk about the lewdness in terms of things that are done (lewd behavior, lewd conduct) and Britons tend more (but not as much more) to associate lewd with things that are said (lewd comments). (The darker the green, the stronger the statistical difference.)
I would assume that this is related to the prevalence of lewd acts (the phrase, not the deeds) in American legislation. But I'd welcome any insight from those in the legal know.
And speaking of the Donald, I've written a piece for Quartz on Trump's use of the in contexts like the African-Americans. You can say one thing for Trump. He's keeping the linguists busy.
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| Photo via CNN. Sorry, I needed a picture. |
...because I'm sympathetic to the idea that lewd is not bad enough a word for something that actually suggests and promotes sexually assaulting women. It seemed not-right-to-me in either dialect. But then Garrett Wollman pointed out:Does 'lewd' mean something different in the U.S.? Opening celebrating sexual assault isn't 'lewd' as we use the word in the UK. Abhorrent?— Paul Bernal (@PaulbernalUK) 8 October 2016
@oliverburkeman @lynneguist "Lewd conduct" is what the prosecutor charges when there's not enough evidence to convict on assault or rape.— Garrett Wollman (@garrett_wollman) 8 October 2016
And that pushed me to think: Is there actually a difference? Do American newspapers and broadcasters use the word because it is a legally correct word in the US for something like this?
Hoping for some insight, I checked the kinds of authorities American news organi{s/z}ations might use: the AP Style Guide and Garner's Modern Usage. Neither says a thing about lewd, so I don't know that newswriters are getting any particular instruction to use that word.
Is it used more in American law? These things are hard to compare country-to-country because so much of American law is at the state level. Searching the US Legal Code at the House of Representatives site, I found 19 federal laws using the word lewd, including the phrase lewd acts, which is at times contrasted with the more serious sexual acts, which seem to be more precisely defined. In other cases, lewd is used to refer to pornography (or a subset thereof). Choosing a state to search, I used California. Currently there are 50 laws on the books with the word lewd in them.
Looking at UK law was harder (maybe there are easier ways to do it than I know). Legislation.gov.uk is searchable, but it includes all laws back to the 13th century, including out-of-date material, and I don't see a way to limit the search to only current laws (though it does let you search particular dates). So I got 50 hits for lewd, but the results are crowded with legislation that's been replaced by other legislation that may or may not include many of the same words.
But it does seem to be the case that lewd is used more in Scottish law than other UK places. For example, in the Sexual Offences Act of 2003 [pdf link], lewd occurs once, but only in a listing of Sexual Offences in Scotland, this one being "Lewd, indecent or libidinous behaviour or practices". The England and Wales listing has no lewd crime. (Lewdly also occurs in the document, but then it's just noting that the current law is removing that word from a 19th-century law "as it extends to Northern Ireland".)
As for how lewd is used in non-legislative text, the Corpus of Global Web-Based English shows that Americans are more likely than Britons to talk about the lewdness in terms of things that are done (lewd behavior, lewd conduct) and Britons tend more (but not as much more) to associate lewd with things that are said (lewd comments). (The darker the green, the stronger the statistical difference.)
And speaking of the Donald, I've written a piece for Quartz on Trump's use of the in contexts like the African-Americans. You can say one thing for Trump. He's keeping the linguists busy.
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