An Examination of the Terms Used to Describe Sexual Assault in Written Judicial Opinions from the Tanzanian Court of Appeal

Abstract

Drawing on critical discourse analysis, this paper examine the language used in describing rape or sexual assault in written judicial opinions from the Tanzanian Court of Appeal. The analysis attempts to identify and describe elements of language that reveal the way in which the act of rape is represented in written judicial opinions. The study further applies qualitative analysis of written judicial opinions collected from judicial opinions from the Court of Appeal published online. The focus is to identify the specific lexical items, phrases, or sentences that characterise sexual assault. These descriptions are classified into sexual/erotic language, violent language, and physical language. It also includes the use of socially or morally disapproving language that does not have connotations of violence. Another way to describe them is to use a combination of sexual and violent language (oxymoron). According to the analysis, assaultive acts of rape are referred to primarily using erotic or sexual terms. Physical descriptions of the act of rape are used, though they are also accompanied by euphemisms for propriety. Violent language is used, but it is not very prevalent. Morally disapproving language is also used; for instance, in one judgement, the complainant is referred to thusly: “It is beyond question that PW1 was not quite the salt of the earth in her ccount." The use of a combination of sexual and violent language (oxymoron) is also noted, such as “demanded to have sexual intercourse with her." The preference for euphemistic terms is a culturally approved way of referring to undesirable events, and the use of erotic or sexual terms allows the assault to be relegated to the realm of normal sexual behaviour, thus making it more bearable for public use.