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rape when the accused (a teacher) claimed that the complainant (his
student) were lovers since there were love letters, which were used
as evidence in court, from his student with contents that transcend
the bounds of decency of a teacher-student relationship. The sexual
intercourse was said to have been done not by force or intimidation
but with consent.
These myths about the rape victim are persistent in courts
of law (WLB Inc. 2005, 62). Many of these have been the bases
for legal decisions from the lower courts to the Supreme Court.
These are not only prevalent in court decisions; primarily, they are
revealed as ideological frames during trial proceedings where judges,
lawyers, and witnesses interact. It is not only the accused who stands
to defend himself in rape case trials but also the complainant.
Since previous studies on rape myths in the Philippine
courtroom have never focused on the linguistic details of interaction,
this essay highlights the importance of discourse in the analysis of
TSNs. Most analysts see discourse as some stretch of connected
sentences or utterances. But for those who consider it from a
social and critical theory perspective, discourse is language which
communicates a meaning in a context that constitutes interaction
between people in real social situations (Cameron 1998, 112-14).
In analyzing rape trial discourse, this essay also aims to effect social
transformation by mobilizing theories of pragmatics to create critical
awareness among judicial authorities who may act responsibly to
certain issues in trial proceedings. Likewise, women who at present
take part in rape case trials as complainants may be informed of rape
myths in trial proceedings since the analysis focuses on a specific
experience that depicts an adversarial conduct in the courtroom.
Probing Secondary Victimization through Discourse
Secondary victimization in the courtroom (i.e., women rape
complainants are said to be victimized twice – first by the physicalsexual abuse and then by the blame that accompanies it) has been
tackled by several language scholars. Drew (1992) emphasizes the
role of talk-in-interaction in the strategies of the defense lawyer in
presenting his version of events vis-à-vis the complainant’s version.