Rape And The Culture Of The Courtroom
Rape law reform has been a stunning failure. Defense lawyers persist in emphasizing victims' characters over defendants' behavior. Reform's goals of increasing rape report and conviction rates have generally not been achieved. In Rape and the Culture of the Courtroom, Andrew Taslitz locates the cause of rape reform failure in the language lawyers use, and the cultural stories upon which they draw to dominate rape victims in the courtroom.\ Cultural stories about rape, Taslitz argues, such as...
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Rape law reform has been a stunning failure. Defense lawyers persist in emphasizing victims' characters over defendants' behavior. Reform's goals of increasing rape report and conviction rates have generally not been achieved. In Rape and the Culture of the Courtroom, Andrew Taslitz locates the cause of rape reform failure in the language lawyers use, and the cultural stories upon which they draw to dominate rape victims in the courtroom.Cultural stories about rape, Taslitz argues, such as the provocatively dressed woman "asking for it," are at the root of many unconscious prejudices that determine jury views. He connects these stories with real-life examples, such as the Mike Tyson and Glen Ridge rape trials, to show how rape stereotypes are used by defense lawyers to gain acquittals for their clients.Building on Deborah Tannen's pathbreaking research on the differences between male and female speech, Taslitz also demonstrates how word choice, tone, and other lawyers' linguistic tactics work to undermine the confidence and the credibility of the victim, weakening her voice during the trial. Taslitz provides politically realistic reform proposals, consistent with feminist theories of justice, which promise to improve both the adversary system in general and the way that the system handles rape cases. Booknews Taslitz (law, Howard University) argues that when it comes to rape cases, the result of adversarial language rules is that women are disempowered, their are voices silenced, patriarchal tales are validated, and rape is legalized. Seven chapters cover patriarchal stories (cultural rape narratives in and out of the courtroom), lawyers' language in the courtroom, and feminist evidence law. Annotation c. Book News, Inc., Portland, OR (booknews.com)
AcknowledgmentsNote to the ReaderIntroduction1IPatriarchal Stories131Cultural Rape Narratives152Cultural Rape Narratives in the Courtroom443A Fair Fight58IILawyers' Language in the Courtroom654Gendered Language675Lawyers' Language and the Rape Trial81IIIFeminist Evidence Law1016Market Failure1037Group Voices134Conclusion152Notes157Index205About the Author210
\ From the Publisher"In Rape and the Culture of the Courtroom, Taslitz (a former prosecutor) is concerned to show how and why police, prosecutors, judges, and defense attorneys use their discretion to circumvent legal reforms in rape law."\ -Hypatia,\ \ \ \ \ \ BooknewsTaslitz (law, Howard University) argues that when it comes to rape cases, the result of adversarial language rules is that women are disempowered, their are voices silenced, patriarchal tales are validated, and rape is legalized. Seven chapters cover patriarchal stories (cultural rape narratives in and out of the courtroom), lawyers' language in the courtroom, and feminist evidence law. Annotation c. Book News, Inc., Portland, OR (booknews.com)\ \
