A forensic linguistic study of victim impact statements of rape cases in magistrates’ courts in Meru county Kenya

Abstract

This study focuses on Forensic Linguistics which is a branch of applied linguistics that involves use of linguistic knowledge, insights and methods to the forensic context of law, language, crime investigation, trial, and judicial procedure. It is said to be language of evidence. Language is important in courtroom discourse as it enhances communication among discourse participants in court. It serves to limit, control, promote or reduce dominance since language has power. This study therefore, sought to majorly focus on Forensic Linguistic Study of Victim Impact Statements (VISs) of Rape cases at Meru County Law courts. It was guided by the following objectives; to describe the emotive vocabulary in Victim Impact Statements of rape cases and to examine victims’ use of language to establish authority in Victim Impact Statements of rape cases. The researcher adopted a Critical Discourse Analysis (CDA) theory. A descriptive qualitative technique was used in this study. The data was collected from written VISs(text). Purposive sampling was used and only relevant materials and documents were collected from rape cases. The sample size for this study was fifteen VISs.The three dimensions of CDA; description, interpretation and explanation were used in data analysis. The results of this study show that emotive vocabulary is used in VISs and victims use various Linguistic Markers to show power in VISs. For instance, the findings of the study reveal thatthe lexical features heavily relied on that were emotive in nature included; descriptive vocabulary, evaluative vocabulary, Specialized/legal, rare vocabulary, word collocations, modality and shared knowledge of the society and the constitution of Kenya.They also used experiential, expressive, relation value of words and ideologically significant meaning relations to emotively voice their concerns. The study also found out that the commonly used type of power was instrumental power. This was important in maintaining and enforcing authority. Linguistic markers of power used were; legal language, modal verbs, formal language, imperative sentences, personal pronouns, discourse markers, semantic field of words, assertions, metaphors, repetition, idioms and synthetic personalization. These portrayed the victims as more superior than the accused. The study concluded that emotive language is present in VISs and play a vital role in communicating the victim’s mind in his/her quest for justice. It also concluded that Linguistic markers for power are present in the VISs. Producers of the text incorporate powerful linguistic expressions which as social agents in this context elevates them above the defendant. The fact that the Law has given them a platform to air their voices during a critical stage in the proceeding (before sentencing) and no rebuttal to the same from the defendant side, shows power asymmetry. This study is important as the findings add to the body of knowledge on Forensic Linguistics which is an emerging area of study especially courtroom discourse. The findingsalso give insight to legal practitioners especially legal decision makerson use of language in rape cases’ VISs and its relation to power as rape cases are sensitive.