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Legal-Lay CommunicationTextual Travels in the Law$
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Chris Heffer, Frances Rock, and John Conley

Print publication date: 2013

Print ISBN-13: 9780199746842

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199746842.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 November 2021

Post-Penetration Rape and the Decontextualization of Witness Testimony

Post-Penetration Rape and the Decontextualization of Witness Testimony

(p.189) Chapter 9 Post-Penetration Rape and the Decontextualization of Witness Testimony
Legal-Lay Communication

Susan Ehrlich

Oxford University Press

In this chapter, Susan Ehrlich examines the various phases of decontextualization that a lay-person’s testimony undergoes as it moves through the legal system first into trial and then into appellate decisions. Analyzing trial talk from a recent American ‘post-penetration’ rape case – Maouloud Baby v. State of Marlyand – she argues that what the judiciary construed as initial consent on the part of the complainant was in fact a strategy of resistance. The one ‘yes’ that the complainant reports uttering is lifted out of an interactional context characterized by multiple instances of the complainant saying ‘no’ to the defendant and his friend. The paper demonstrates how, as a layperson’s testimony is recontextualized and transformed into legal categories, a very large gap develops between events as they are recounted in the trial and the legal principles that are at issue in the judicial decisions.

Keywords:   Recontextualization, entextualization, decontextualization, post-penetration rape, trial talk, lay testimony, judicial decisions, recontextualization, Maouloud Baby, consent

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