Representing Rape: Language and sexual consentby Susan Ehrlich
Pub. Date: 03/28/2001
Publisher: Taylor & Francis
Representing Rape is the first feminist analysis of the language of sexual assault trials from the perspective of linguists. Susan Ehrlich argues that language is central to all legal settings - specifically sexual harassment and acquaintance rape hearings where linguistic descriptions of the events are often the only type of evidence available. Language does not simply reflect but helps to construct the character of the people and events under investigation. The book is based around a case study of the trial of a male student accused of two instances of sexual assault in two different settings: a university tribunal and a criminal trial. This case is situated within international studies on rape trials and is relevant to the legal systems of the US, Canada, Britain, Australia, and New Zealand. She shows how culturally-dominant notions about rape percolate through the talk of sexual assault cases in a variety of settings and ultimately shape their outcome. Ehrlich hopes that to understand rape trials in this way is to recognize their capacity for change. By highlighting the underlying preconceptions and prejudices in the language of courtrooms today, this important book paves the way towards a fairer judicial system for the future.
This rich and rewarding book gives concrete linguistic substance to social constructionism and should be read not only by linguists but by anyone with a serious interest in gender or cultural theory (Sally McConnell-Ginet, Cornell University)
Representing Rape is a thought provoking book about sex and violence, language and the law--this is serious linguistics with a serious point. Beginning from the observation that in court, events are always mediated by the language used to describe them. Ehrlich shows in detail how courtroom discourse about rape and sexual assault disadvantages complainants and reinforces rape myths. Her analysis adds a new dimension to feminist discussions of the criminal justice system and deepens our understanding of why it often does not deliver justice for women (Deborah Cameron, Institute of Education, University of London)
Table of ContentsAcknowledgments
Chapter 1: The Institutional Coerciveness of Legal Discourse
Chapter 2. "My Shirt came off.I gather that he took it off": The Accused's Grammar of Non-Agency
Chapter 3. "I see an option.I simply want to explore that option with you": Questions and Ideological Work
Chapter 4. "I didn't yell.I didn't scream": Complainants' Ineffectual Agency or Strategic Agency?
Chapter 5. Acquaintance Rape: Miscommunication or Culturally-Sanctioned Ignorance?
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