68 Discourse and Rape
Rape and Power
What is worth discussing in this analysis is the notion that
rape is an exercise of power (Conley and O’Barr 1998, 15) and how
power is manifested through linguistic practice in the courtroom.
Aside from using actual force to take sexual advantage of victims
at the physical level, rape involves power in the courtroom in other
ways that are less obvious but just as important since it includes
broader abuses of power that society promotes (MacKinnon 1989,
176). For one, the victim is forced to relive the rape in her testimony.
And most of the time, the victim is being blamed for the crime.
During cross examinations, trivial inconsistencies suggest faulty
memory. The victim may also be attacked of her post-rape behaviour
that failed to conform to male notions of logical response to the
crime. Worst of all, during the cross examination she is asked of
her prior sexual experiences with people portraying her as a loose
woman.
In this analysis, the exercise of power in a trial proceeding
of a rape case is revealed through the strategic use of phrasal selfrepetitions and reformulation embedded in questions by a cross
examining defense lawyer. This kind of discourse strategy is often
done by cross examining lawyers in order to advance their argument
that the complainant was not a credible witness, and that she was
fabricating her story of rape. According to WLB, Inc. (2005, 209),
the Supreme Court even generalizes that baseless charges of rape
have frequently been made by women actuated by sinister, ulterior
or undisclosed motive. In this sense, rape and sexual violence against
women are reproduced and legitimated by the judicial culture which
justifies and excuses male violence. Furthermore, myths such as
“rape is easily fabricated” are deeply engraved and widely supported
by males and females in Philippine society; that is, more Filipinos
believe that a large percentage of women who report rape are lying
because they are angry, and they want to get back at the man they
accuse. Women lie or exaggerate about rape incidents so they can
extort money from a well-to-do man and when most lucky, marriage
proposal may settle the case. These generalizations, however, have no
empirical basis. In fact, there are rape cases which are unreported.
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