Racialisation in the Court and Clinic: Controlling Images, Black Motherhood and Sexual Assault Forensic Intervention
摘要
While adjudication of sexual assault in the US is often imagined to rely heavily on the evidence collected by forensic nurses, forensic nurses testify in a very small number of cases. In these cases, forensic nurses often take on a curious role as interpreters of evidence, or more likely, the absence of evidence. In this chapter, we draw on interviews and fieldwork focused on sexual assault adjudication to look at the ways in which forensic narratives about the injuries of Black women and girls enter the courtroom. These narratives may partly be inserted by a forensic nurse, but other witnesses also play a critical role in explaining injuries to juries. We focus on the particularly complex question of how to discuss the maternal standing of victim witnesses as motherhood is one central controlling image as defined in the sociological thought of Patricia Hill Collins (1990). Many victims were mothers, and the fact of their maternity entered into the narrative of the trial in uneven ways. We analyse the testimony that addressed Black women and mother’s injuries through the critique of Black feminist analysis including historical narratives about Black women’s sexuality in the Midwest US (Clark Hine 1989; Flood 2012), and in relation to the way sociological narratives about Black women’s sexuality and reproductive capacity in public discourse are reflected, erased or intensified in the discourse of the trial (Collins 1990). In doing so, this chapter reveals the ways in which testimony unfolds in a specific social and historical context through which Black women have been conscripted and represented in both medicine and the law. The chapter asserts that the social role of the court in sexual assault adjudication goes beyond questions of guilt or innocence in participating in the reproduction of gendered and racialised inequalities.