基于性别的暴力的"双重联系":法庭交叉审讯中的二次受害者
1Department of Political Sciences, University of Perugia, Perugia, Italy.
Behavioral sciences & the law
|November 23, 2025
概括
这项研究表明,法庭审讯如何导致性侵犯幸存者的二次受害. 辩护律师使用强奸神话和刻板印象,使女性难以相信.
科学领域:
- 法律语言学 法律语言学
- 法律社会学 法律社会学
- 性别研究是性别研究.
背景情况:
- 二次受害是性侵犯幸存者在法律环境中面临的一个重要问题.
- 在法庭上进行交叉审讯可能无意中使受害者的伤害延续.
- 现有的研究往往忽视了法律话语的微互动动态.
研究的目的:
- 检查在法庭交叉审讯期间二次受害的交互性生产.
- 分析辩护律师如何使用强奸神话和性别刻板印象.
- 调查民族方法学,对话分析和成员分类分析 (EMCA) 在理解法律话语中的作用.
主要方法:
- 从一个特定的名人审判中分析法庭交叉审讯记录 (CA v. Winslow II, 2019).
- 民族方法学,对话分析和会员分类分析 (EMCA) 的应用.
- 专注于询问的微层互动特征.
主要成果:
- 交互式询问实践重现了文化假设,使二次受害合法化.
- 通过援引强奸神话和刻板印象,受害者的信誉和道德品格受到挑战.
- 女人面临着"双重束",需要在情感上具有可信性和理性,而偏差导致不信.
结论:
- 法庭谈话,通过普通的对话实践,可以重现性别不公正.
- 在法律环境中,EMCA提供了对二次受害的微妙机制的宝贵见解.
- 这项研究强调,需要更好地意识到法律话语如何影响性侵犯幸存者.
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