A Muted Voice from the Past

Abstract

This article contributes to debates about gender and punishment by providing a critical analysis of the appeal of Ruth Ellis which took place in 2003, 48 years after her trial and execution in 1955. Utilising original transcripts, the article argues that, despite considerable gains for women in terms of formal equality during the five decades since the trial, ideological/discursive gains have remained more elusive. To this end, comparisons are made between legal discourses activated during the trial and those that featured in the appeal. This allows the identification of continuities within the operation of the legal system, particularly with respect to the subject positions available to women who kill their abusive partners. Specific aspects of the partial defence of provocation are explored, as is its replacement – the ‘loss of control’ defence, effective since 2010. The article concludes by applying Thomas Mathiesen’s concepts of ‘silent’ and ‘hidden’ silencing in order to further illuminate the processes involved in preserving continuities within the legal process with respect to the social control of women.