Publications
Publication details [#67362]
Johnson, Alison J. 2018. “How came you not to cry out?”: Pragmatic effects of negative questioning in child rape trials in the Old Bailey Proceedings 1730–1798. In Kryk-Kastovsky, Barbara and Dennis Kurzon, eds. Legal Pragmatics. (Pragmatics & Beyond New Series 288). John Benjamins. pp. 41–64.
Annotation
This study explores the representation of child rape victims through an examination
of the pragmatic effects of negative questioning in eighteenth century trial
records in the Old Bailey Proceedings (Hitchcock et al., 2012). We see how victim
identities are linguistically constructed through methods of biased, stereotypical,
and negative questioning of the rape allegation. Using a combined corpus-based,
sociopragmatic, discourse-analytical approach, a corpus of 36 child rape trials
has been collected from the larger online database, to explore how the choice
of questioning constructs the defendant and the crime in benign ways and the
victim in damaging ways. Analysis reveals how ideologies about rape were reproduced
in the historical courtroom. Drawing on Reisigl and Wodak’s (2009)
“discourse-historical approach” we are able to see how contextual factors, such
as rape myths of the time (Simpson 1986), work in conjunction with negative
questions to construct problematic victim identities. The legal-pragmatic effects
of these questions and their underlying ideologies, which are both reflected and
constituted in the social attitudes of the time, are amplified by the legal institution,
contributing to a high proportion of not guilty verdicts and indictments to
lesser charges. This research reflects on recent calls in the contemporary context
for better victim treatment in general and more witness sensitivity in rape trials
in particular.