E-Book Overview
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.
E-Book Content
Representing Rape `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 Representing Rape is the ®rst feminist-linguistic analysis of the language of sexual assault trials. Ehrlich argues that language is central to all legal settings ± speci®cally sexual harassment and aquaintance rape hearings where linguistic descriptions are often the only basis upon which juries and judges determine a verdict. In such contexts, language is not a neutral and transparent re¯ection of the world, but rather 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 in Toronto: 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. Ehrlich 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 discourse of courtrooms today, this important book paves the way towards a fairer judicial system for the future. Susan Ehrlich is Professor in the Department of Languages, Literatures and Linguistics at York University, Toronto, Canada. She is the author of Point of View: A Linguistic Analysis of Literary Style (Routledge 1990). Representing Rape Language and sexual consent Susan Ehrlich London and New York First published 2001 by Routledge 11 New Fetter Lane, London EC4P 4EE Simultaneously publi