Invisible Injuries: Psychosomatic Harm and the Law’s Conception of Injury

Abstract

In the realm of law, responses to domestic violence have often
focused on visible bodily harm, leaving the suffering stemming from
trauma-induced physical ailments in the shadows. Yet, modern
medicine sheds light on the fact that ongoing emotions like fear,
humiliation, and control can lead to tangible physical issues. These
include chronic pain, gastrointestinal problems, heart irregularities,
migraines, and reproductive difficulties, commonly termed
psychosomatic harm. Unfortunately, these injuries linger outside
legal recognition because they do not fit neatly into traditional
definitions of bodily or psychiatric injury. This article argues that the
ongoing neglect of psychosomatic harm reflects a fundamental flaw in
how law defines injury. By examining the practices in Nigeria,
Iceland, and other Common Law jurisdictions, it explores how
evidentiary rules, institutional designs, and deep-seated notions about
the mind and body influence the acknowledgment of these invisible
injuries. The article ultimately posits that psychosomatic harm
deserves legal recognition, advocating for trauma-informed reforms
to ensure that legal systems provide genuine justice to domestic
violence survivors.