Papilota-Diaz 69
Mendoza (2010 in www.preda.org/main/archives/2010) said that
the actual number of rape cases is much higher than those reported,
since many women and girls still decide not to complain to the
authorities. For those who have successfully filed a complaint, most
of the cases for example in RTCs in Iloilo are archived because the
accused are at-large, or the prosecution and defense settled outside
the court because the complainants cannot afford to further the
case. Complainants who may be in school may stop attending their
classes until the trials have ended. Those who are married women
may beget marred reputation. Thus, it is unlikely that reported cases
are fabricated since the trial proceedings are arduous, and the stigma
and prejudices toward the women victims are harder to bear than the
stigma credited to the accused.
However in the end, the court found the complainant NM
and her testimony incredible. She was noted to have offered varied
versions of events, which may not be solely based on Extract 1
alone but in other parts of the proceedings (which are beyond this
analysis). The prosecution was said to have failed to prove the guilt
of the accused, so he was acquitted of the crime of rape.
Conclusion
Discourses have real effects; in this case, the intention of the
lawyer to discredit the complainant’s testimony is revealed. Based
on the analysis of Extract 1, NM, the rape complainant experiences
secondary victimization in court through strategic questioning particularly, with DL’s phrasal self-repetitions and reformulation
that could have proven NM’s lack of credibility as a witness. In a
very particular way, this discourse strategy during cross examination
is a method of domination and control. DL intends to offer his
version of an event; and by doing this, he traps NM to accepting his
version, so that she is portrayed to be a woman who fabricates her
story of rape. Thus, analysis such as this affords readers awareness
of the effects of discursive strategies and practices in the courtroom
that may reinforce secondary victimization of the women rape
complainants.
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