Abstract

This article investigates the utility of Eckert & McConnell-Ginet's concept of of for an analysis of the language used by women in a sexual assault tribunal. It is shown how the questions asked by two tribunal members (a male and a female faculty member), in a university sexual harassment tribunal, function to (re)frame and (re)construct the events in question as consensual sex. Although the female complainants (i.e. victims) in the tribunal characterize their experiences as sexual assault, two of the tribunal members - one of whom is a female faculty member - ask questions that presuppose the inadequacy and deficiency of the complainants' signals of resistance, suggesting that their so-called lack of resistance was tantamount to consent. Clearly, any homogeneous notion of woman's speech style or woman's point of view would fail to account for the differences between the discursive patterns of this woman tribunal member and the women complainants in this context. However, if (as argued by Eckert & McConnell-Ginet 1992a,b) our linguistic practices arise out of the kinds of community of practice with which we are involved, then an understanding of such local practices and activities should provide greater insight into the differential linguistic behavior of the women involved in this sexual harassment tribunal. (Feminism, gender, institutional discourse, power, sexual assault, social practice, discourse analysis)

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