56 Discourse and Rape
In Drew’s study, the complainant’s version is contested by the defense
lawyer’s, and the latter proffers his own version which damages
the complainant’s claim of truth. Matoesian (1993, 1995), on the
other hand, strongly argues that rape as a domination is reproduced
for the second time in the courtroom. This domination happens
when defense lawyers cross examine complainants using linguistic
strategies that are embedded with patriarchal values. According
to Matoesian, the male standard of interpreting the crime of rape
is “the standard” observed in the courtroom, and because of this,
victim blaming is rampant during the cross examination of defense
lawyers. Likewise, Ehrlich (2001) demonstrates the many facets
of secondary victimization in her analyses by providing specific
instances of discourse in constructing and constituting social
realities in rape case trials. Gendered ideological frames such as
“utmost physical resistance,” “asymmetry in interaction,” and victim
blaming are brought about by the strategic use of grammar of nonagency, questions, and silence by the accused and by the defense
lawyer, and by the use of misconstrued communicative signals by
the complainants prior to and during the rape incident. The victims
of these ideological frames are always the complainants, and the
accused is advantaged and goes free of rape charges.
These studies (Drew 1992, Matoesian 1993, Ehrlich 2001)
draw from varied approaches to discourse such as Conversation
Analysis (CA) and Critical Discourse Analysis (CDA) to present
substantial analyses of extracts from rape trials. Drew focuses on
general properties of verbal interaction in courtroom settings while
Matoesian also draws on the methods of CA combined with the
theory of structuration and power. Ehrlich on the other hand draws
upon concepts from pragmatics, speech act theory, and feminist
legal theory using CDA. Like Ehrlich (2001), the analysis presented
here uses theories of pragmatics such as Gricean implicatures and
Austin’s and Searle’s speech act theory.
According to Cruse (2000 in Cummings 2005, 2),
“pragmatics is concerned with aspects of information conveyed
through language which are based on the meanings conventionally
encoded in the linguistic forms used, taken in conjunction with
the context in which the forms are used.” Context and language