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Re: SAPC Digest, Vol 407, Issue 1 - use of language


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  • Subject: Re: SAPC Digest, Vol 407, Issue 1 - use of language
  • Date: Wed, 31 Aug 2005 12:27:50 -0400
  • List-archive: <https://list.mail.Virginia.EDU/mailman/private/sapc>
  • List-id: Discussion List for sexual assault educators and counselors on campus. <sapc.list.mail.Virginia.EDU>

dear colleagues -

following up on susan's point about language -- i'd like to call your attention to a project i run at my law school called the "judicial language project" which involves a critical cultural/linguistic assessment of language used by appellate courts in decisions involving sexual violence.

i developed this project a couple of years ago because, like susan, i've noticed seriously inappropriate language in the public conversation about sexual violence in culture and in law - and there was nobody out there talking about the harm of, for example, using highly erotic terms to describe criminally violent behavior -
one of my pet peeves is use of the phrase "performed oral sex" to describe and act of rape via penile-oral penetration --

not only is it erotic, the word "performed" implies moral responsibility and connotes active willing participation on the part of the victim

our project is available to the public for no fee -- and works as an alert service as well as a searchable database --

the process involves a preliminary scan of cases on a daily basis - which i do of all appellate decisions around the country -- and when i identify improper language - i assign the case to a student to summarize and critique -

we sometimes go so far as to send a kind of "letter to the editor" critique to the court in question, urging them to be more mindful of language in future cases - in circumstances where we've taken this step, we've included signatories to the letter form various disciplines to impress upon the court that it is a criticism not of the result or substantive legal analysis but a broader concern about the impact of the court's language on society.

you can access more information and sign up for the service at the new england school of law's center for law and social responsibility - nesl.edu

you'll notice another item at this location called the "sexual violence legal news" project -- which i also run -- and involves an alert service regarding appellate decisions wrothy of note that reflect important public policy or noteworthy trends involving sexual violence -

again -- this service is free but you need to sign up to receive the summaries --

note that the projects were down this summer while we edited the forms, etc - so they may not be up again, yet -- but they will be soon -

wendy murphy




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