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Abstract: 

This is the third in a series discussing the legal application and definition of the term “torture.” Acts that constitute torture have been coupled or with or subsumed into charges for other crimes (such a murder or sexual assault) and not treated as separate crimes in themselves. Also, legal articulations of torture are often inadequate and tautological, easily failing constitutional challenges asserted by defendants. Part II of this series, which appeared in 3(5) SLR 1 (Aug./Sept. 2002), examined the nature and circumstances of torture and argued for the need to develop an adequate statutory definition. Part III, below, specifies the distinct elements that constitute torture— primarily a specific intent to torture or cause severe pain to the victim—and distinguishes it from related crimes.

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