儿童性侵审判中的交叉性与可信度

Intersectionality and Credibility in Child Sexual Assault Trials

Gender and Society · 2017
被引 40
ABS 3

中文导读

本文通过交叉性视角分析儿童性侵审判中律师的策略,发现法律叙事利用性别、种族和年龄刻板印象来构建儿童证词的可信度,揭示了法庭文化叙事与权力结构的关系。

Abstract

Children remain largely absent from sociolegal scholarship on sexual violence. Taking an intersectional approach to the analysis of attorneys’ strategies during child sexual assault trials, this article argues that legal narratives draw on existing gender, racial, and age stereotypes to present legally compelling evidence of credibility. This work builds on Crenshaw’s focus on women of color, emphasizing the role of structures of power and inequality in constituting the conditions of children’s experiences of adjudication. Using ethnographic observations of courtroom jury trials, transcripts, and court records, three narrative themes of child credibility emerged: invisible wounds, rebellious adolescents, and dysfunctional families. Findings show how attorneys use these themes to emphasize the child’s unmarked body, imperceptible emotional responses, rebellious character, and harmful familial environments. The current study fills a gap in sexual assault research by moving beyond trial outcomes to address cultural narratives within the court that are inextricably embedded in intersectional dimensions of power and the reproduction of social status.

法律性别研究犯罪学社会学心理学