By Susan Ehrlich
ISBN-10: 020325578X
ISBN-13: 9780203255780
ISBN-10: 0203459032
ISBN-13: 9780203459034
ISBN-10: 0415205212
ISBN-13: 9780415205214
ISBN-10: 0415205220
ISBN-13: 9780415205221
Representing Rape is the 1st feminist research of the language of sexual attack trials from the viewpoint of linguists. Susan Ehrlich argues that language is critical to all felony settings - particularly sexual harassment and acquaintance rape hearings the place linguistic descriptions of the occasions are frequently the one form of proof to be had. Language doesn't easily replicate yet is helping to build the nature of the folks and occasions below research. The booklet is predicated round a case examine of the trial of a male scholar accused of 2 situations of sexual attack in various settings: a college tribunal and a legal trial. this situation is positioned inside of foreign experiences on rape trials and is appropriate to the felony platforms of the USA, Canada, Britain, Australia, and New Zealand. She exhibits how culturally-dominant notions approximately rape percolate throughout the speak of sexual attack situations in numerous settings and eventually form their consequence. Ehrlich hopes that to appreciate rape trials during this manner is to acknowledge their capability for switch. by way of highlighting the underlying preconceptions and prejudices within the language of courtrooms this present day, this crucial e-book paves the way in which in the direction of a fairer judicial procedure for the long run.
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Additional resources for Representing Rape: Language and Sexual Consent
Sample text
Put differently, witnesses within trials become constituted as certain kinds of gendered subjects, in large part, through their contextually-constrained responses to lawyers' (and judges') questions. A further and third characteristic of trial settings that has motivated this particular investigation is their adversarial nature. Trials typically involve the prosecution and the defence putting forth different understandings of the events under investigation; indeed, competing and contradictory versions of the `facts' often emerge in these contexts.
The judge disallowed this evidence and for many legal experts this particular ruling `won the case for the defense'. Without the testimony of these other women, the picture that emerged in the courtroom was of an unstable, sexually provocative, fortune-seeking woman picked up in a bar by a seemingly respectable (white) doctor from a prominent American family (Sanday 1996: 220). 8 Unpacking the discourse of law That judicial decisions and trials often contravene the hard-won statutory reforms of feminists is a dilemma Smart (1989: 164) sees as primary to any feminist engagement with the law.
Legal doctrine), but also `the mediations of judicial, police or lawyers' discourse'. Although not articulated in terms of the `disciplinary' power of law's `discourses', a work like Susan Estrich's Real Rape (1987) is suggestive of the social control and regulation exercised by the criminal justice system in its treatment of what Estrich calls `simple rape' as opposed to `real rape'. The question Estrich explores is why many cases of rape that meet the statutory de®nition are not considered as such by police, prosecutors, judges and juries.