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Reproducing Rape: Domination Through Talk in the Courtroom

NCJ Number
150683
Author(s)
G M Matoesian
Date Published
1993
Length
264 pages
Annotation
Using tape recordings of actual rape trials, this analysis focuses on the social construction of rape trials and how a woman's experience of sexual assault can be transformed by the language used in the courtroom into an act of routine, consensual sex.
Abstract
The discussion examines the language used in the courtroom, with emphasis on how defense attorneys interpret and classify rape in a way that makes the victim's experience appear to be a normal sexual encounter. The analysis focuses on the rhetorical skills of charismatic oratory found in courtroom talk, the manipulation of words, the balance of utterances, and the rhythms of sequencing. The author argues that defense attorneys' language during cross-examination can shape the victim's testimony to fit male standards of legitimate sexual practice and that cross- examination is a process through which attorneys manipulate reality and perpetuate the patriarchal domination of women. Excerpts of testimony, chapter notes, index, and more than 300 references