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Latinas Narratives of Domestic Abuse Discrepant Versions of Violence 1st Edition Shonna L. Trinch Online Reading

The document discusses 'Latinas' Narratives of Domestic Abuse: Discrepant Versions of Violence' by Shonna L. Trinch, which examines how U.S. Latina women's accounts of domestic abuse are influenced by linguistic ideologies and the sociolegal system. It highlights the challenges faced by these women in narrating their experiences and the impact of narrative structure on their credibility and representation. The book is part of the 'Impact: Studies in Language and Society' series and includes various chapters focusing on the intersection of language, authority, and truth in the context of domestic violence.

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100% found this document useful (1 vote)
25 views125 pages

Latinas Narratives of Domestic Abuse Discrepant Versions of Violence 1st Edition Shonna L. Trinch Online Reading

The document discusses 'Latinas' Narratives of Domestic Abuse: Discrepant Versions of Violence' by Shonna L. Trinch, which examines how U.S. Latina women's accounts of domestic abuse are influenced by linguistic ideologies and the sociolegal system. It highlights the challenges faced by these women in narrating their experiences and the impact of narrative structure on their credibility and representation. The book is part of the 'Impact: Studies in Language and Society' series and includes various chapters focusing on the intersection of language, authority, and truth in the context of domestic violence.

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© © All Rights Reserved
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<DOCINFO AUTHOR ""TITLE "Latinas´Narratives of Domestic Abuse: Discrepant versions of violence"SUBJECT "Impact 17"KEYWORDS ""SIZE HEIGHT "220"WIDTH "150"VOFFSET "4">

Latinas’ Narratives of Domestic Abuse


Discrepant versions of violence
Impact: Studies in language and society

impact publishes monographs, collective volumes, and text books on topics in


sociolinguistics. The scope of the series is broad, with special emphasis on areas
such as language planning and language policies; language conflict and language
death; language standards and language change; dialectology; diglossia; discourse
studies; language and social identity (gender, ethnicity, class, ideology); and history
and methods of sociolinguistics.

General Editor Associate Editor


Annick De Houwer Elizabeth Lanza
University of Antwerp University of Oslo

Advisory Board
Ulrich Ammon William Labov
Gerhard Mercator University University of Pennsylvania
Jan Blommaert Joseph Lo Bianco
Ghent University The Australian National University
Paul Drew Peter Nelde
University of York Catholic University Brussels
Anna Escobar Dennis Preston
University of Illinois at Urbana Michigan State University
Guus Extra Jeanine Treffers-Daller
Tilburg University University of the West of England
Margarita Hidalgo Vic Webb
San Diego State University University of Pretoria
Richard A. Hudson
University College London

Volume 17
Latinas’ Narratives of Domestic Abuse: Discrepant versions of violence
by Shonna L. Trinch
Latinas’ Narratives of
Domestic Abuse
Discrepant versions of violence

Shonna L. Trinch
Florida State University

John Benjamins Publishing Company


Amsterdam/Philadelphia
TM The paper used in this publication meets the minimum requirements
8

of American National Standard for Information Sciences – Permanence


of Paper for Printed Library Materials, ansi z39.48-1984.

Library of Congress Cataloging-in-Publication Data

Trinch, Shonna L.
Latinas’ narratives of domestic abuse : discrepant versions of violence /
Shonna L. Trinch.
p. cm. (Impact: Studies in language and society, issn 1385–7908 ; v.
17)
Includes bibliographical references and index.
1. Sociolinguistics--United States. 2. Hispanic American women--
Languages. 3. Family violence--United States--Case studies. 4. Hispanic
American women--Social conditions. I. Title. II. Series.

P40.45.U5T75 2003
362.82’92’08968073-dc21 200305488
isbn 90 272 1855 2 (Eur.) / 1 58811 415 5 (US) (Hb; alk. paper)

© 2003 – John Benjamins B.V.


No part of this book may be reproduced in any form, by print, photoprint, microfilm, or
any other means, without written permission from the publisher.
John Benjamins Publishing Co. · P.O. Box 36224 · 1020 me Amsterdam · The Netherlands
John Benjamins North America · P.O. Box 27519 · Philadelphia pa 19118-0519 · usa
Table of contents

List of figures and tables vii


Acknowledgments ix

Chapter 1
Narrating violence in institutional settings 1

Chapter 2
Telling the truth about violence: Language ideology and
the function of narrative structure 15

Chapter 3
Representation, ownership and genre: Language ideologies
of narrative production and performance 37

Chapter 4
Telling and re-telling: Latina narrators interacting
with institutions 57

Chapter 5
The protective order interview: A linguistic tug-of-war
for representation 87

Chapter 6
Disappearing acts: Power, control, opposition and omission 121
 Table of contents

Chapter 7
Disfigurement and discrepancy: Taking the story
out of the report 155

Chapter 8
Transforming domestic violence into narrative syntax 191

Chapter 9
Beyond the storytelling taboo: Latinas’ narratives
and sexual violence 225

Chapter 10
Discrepant versions and the margins: Truth or consequence for
Latina battered women? 269

References 279

Appendix
Glossary of legal terms 295

Author index 301


Subject index 305
List of figures and tables

Figure 4.1. Possible narrative path through the sociolegal system 80


Figure 5.1. Domestic violence questionnaire, page four 95
Figure 5.2. Example of sample affidavit 102
Figure 6.1. Where women come from when they apply for a 129
protective order
Table 6.2. The structure of the interview revisited 132
Table 6.3. An accounting of narrative turns that appear in the 132
affidavit
Figure 7.1. Recap of the resources that comprise stories 158
and reports
Figure 7.2. Inside stories and reports: Relation- vs. 163
rule-orientations
Figure 7.3. Ethnographic details about clients (C) from Pro Bono 164
Law Clinic and final action taken in their cases
Figure 7.4. Inside discrete incidents of violence 181
Figure 8.1. Example of sample affidavit 222
Table 9.1. Spectrum of directness for terms survivors use to refer 232
to sexual assault
Table 9.2. Official inscription of sexual assault in institutional 236
memory
Table 9.3. Spectrum of directness for recording sexual assaults in 240
institutional memory
Acknowledgments

The thirteen months of fieldwork for this study were funded by the generous
financial support of the National Science Foundation’s Law and Social Science
Program (Dissertation Improvement Grant SBR-9709938), the Social Science
Research Council’s Sexuality Research Fellowship Program and the University
of Pittsburgh’s Andrew Mellon Predoctoral Fellowship.
A very special thanks must go to all of those people in my two field sites
who cooperated with me during data collection. Issues of confidentiality pre-
clude me from naming them, but I remain forever grateful to all of the service
providers who allowed me to tape-record their daily work with survivors. Their
cooperation with academic research that may shed some light on victims’ con-
cerns is a testament to their commitment to advocacy. I very much respect the
important work they do. As any professional working in the field knows, the
real experts from whom we learn about domestic violence are its survivors. I
am privileged to have heard these Latinas’ stories.
At the University of Pittsburgh, I wish to thank my professors, Herschel
Frey, Alan Juffs, John Beverley and Alicia Covarrubias for their training and
direction. Christina Paulston has been a tremendous teacher, and Susan Berk-
Seligson deserves more than the thanks that I am linguistically able to give.
When I was Susan’s advisee, she was never more than a phone call away, and
the example of availability to her students that she set is something for which I
strive in my professional career.
I very much appreciate the people who have been my colleagues in the
Department of Modern Languages and Linguistics at Florida State Univer-
sity. In their varied ways, they all work to create a context in which one can
achieve their goals. Among those I would like to mention are Jean Graham-
Jones, Jean Dangler, Aimée Boutin, James Mitchell, David Darst, Delia Poey,
Santa Arias, Roberto Fernández, Bill Cloonan, and Mark Pietralunga. While
shortcomings are mine, I want to acknowledge the assistance of my editors at
John Benjamins Publishing, Annick De Houwer and Kees Vaes. They and two
anonymous readers pushed for clarity in order to improve the work.
 Acknowledgments

For showing me courage, I thank my compañeros from graduate school,


Ana Forcinito, Therese Tardio, Emilia Garofalo, Anadeli Bencomo, Elena Ruz-
icková, Ana María Caula, Vicente Lecuna and Jorge Porcel. For offering me
their keen understanding of the world and their unfaltering support, I extend
my heartfelt thanks to my best friends: Jennifer Prappas, Laurie Valkanas, Kris-
ten Lenzi Hammel, Jayanne Matthis, Samantha Swift, Dana Meute, Kathleen
Wright and Kelly Burris. To Bear Gaylin and Clare Gilbert I am indebted for
their immediate acceptance of me. I cannot count the ways in which Linda
Pritchard helped me with this project. She was and continues to be a friend, a
mentor, and a sounding board. To las monjas de la Asunción and my dear friend
Angel Weruaga Prieto: thank you for showing your world to me. I would be a
very different person if it had not been for you.
Words are insufficient when it comes to describing the admiration, love
and gratitude that I feel for my parents, Angela and Samuel Trinch, to whom
this book is dedicated. The greatest lessons that I have learned come from their
wisdom and example. And finally, I wish to thank Edward K. Snajdr for being
the reason. His love serves as a constant reminder of the wonderful gifts that
life has to offer.
Tallahassee, March 2003
S. L. T.
Chapter 1

Narrating violence in institutional settings

This book is about risk as it emerges both in and as a result of communication


about violence. Specifically, it is a study that links the risks inherent in narrat-
ing to a linguistic examination of how U.S. Latina women’s accounts of abuse
evolve and change in the U.S. sociolegal system.1 With narratives of domes-
tic violence as the focus of the study and the U.S. Civil and Criminal Justice
System the socio-cultural arena in which these narratives are created, the book
examines how linguistic ideologies regarding truth and authorship serve in the
construction of authority and credibility for the production of appropriate and
meaningful representations of abuse.
Among its many functions, language is the structuring mechanism that we
employ to make sense of what has happened to us, to understand what is occur-
ring in our immediate interactions and to predict what might happen to us in
our potential encounters. While several competing linguistic forms, or repre-
sentations, may co-exist at any given time, social order in a particular context
is produced and reinforced when certain linguistic structures are continually
favored over others.
In this book, I examine the intersection of American cultural notions of
authority, narrative, and truth that amount to prejudice against what could be
called non-standard narrative forms. Sociolinguists often work with the ana-
lytic construct of an idealized linguistic standard in order to compare and de-
scribe the way in which non-standard varieties differ from what is presum-
ably agreed upon by members of the speech community as the educated, ac-
cepted norm. Such comparisons usually include phonological, morphological,
syntactic and lexical differences of standard and non-standard forms. Other
scholars, through language attitude studies (Arthur, Rarrar, & Bradford 1974;
Berk-Seligson 1984; Carranza & Ryan 1975; Giles & Powesland 1975), go be-
yond mere descriptions of dialectal similarities and differences vis-à-vis the
standard. We know that speakers of non-standard varieties are often viewed
negatively, and their non-standard linguistic forms are seen as substandard
(Lippi-Green 1997).
 Chapter 1

Recent work in sociolinguistics (Bamberg 1987, 1997; Maryns & Blom-


maert 2002; Riessman 1987, 1993) and linguistic anthropology (Bauman &
Briggs 1990; Briggs & Bauman 1992; Briggs 1997; Hirsch 1998; Hymes 1996)
suggests that at the discourse level, speakers may manifest narrative in vari-
ous configurations. Furthermore, there is evidence that interlocutors judge cer-
tain narrative types quite prescriptively, just as they do non-standard phono-
logical variants and syntactic constituents. Not surprisingly then, to the non-
linguist, non-standard narrative forms (i.e., those non-prestigious forms that
are not sanctioned by government, formal education, the written system or any
other culturally valued institution) are often disparaged. Conley and O’Barr
(1990: 58), for example, note that in small claims court, people who do not
couch their “disputes in terms of rules and principles that apply irrespective
of social status” are judged negatively as narrators. About these types of narra-
tors Conley and O’Barr (1990: 58) state, “Predictably, the courts tend to treat
such accounts as filled with irrelevancies and inappropriate information. . .,”
and that these types of “litigants are frequently evaluated as imprecise, ram-
bling, and straying from the central issues.” This finding is not particular to
the legal system where rules for speaking and establishing blame are formally
instituted. Other researchers encounter similar biases toward some narrative
forms in social science interviews (Briggs 1986; Riessman 1987) and within the
medical profession (Diaz-Duque 1989; Fisher 1991). These findings beg the
following questions: Can we argue that at the discourse-level, there is a stan-
dard narrative form against which other variable narrative forms are judged?
What linguistic evidence is needed to make an argument that narrative is not
simply “one way of recapitulating” past experience (Labov & Waletzky 1967),
but rather a category in which different narrative genres exist hierarchically?
And finally, what social evidence is necessary to argue that certain narratives
are preferred in institutional settings, precisely because they are the ones that
command authority?
By examining narratives of domestic abuse, this book is a case study ad-
dressing how the sociolegal system produces and reproduces reality and knowl-
edge through narrative. Tied in with this examination of epistemology is an
investigation of how the cultural construct of truth is created and exploited in
the American Adversarial System. The data in this investigation highlight the
problems that narrators face when their narrative forms clash with institutional
preferences.
In general terms, this empirical study is an ethnographic account of Latina
women’s norms and ways of narrating intimate-partner violence in institu-
tional settings. Its primary goal is to show how and why Latina women’s nar-
Narrating violence in institutional settings 

ratives of abuse are altered. Ultimately, I argue, these alterations diminish


women’s power to represent abuse, and the transformations their narratives
undergo constrain the potential their stories might have at affecting systemic
change. This process of transformation contributes to the broader marginal-
ization of Latina women in U.S. society. First, Latinas, as are most victims of
domestic violence, are relegated to a peripheral space within the Criminal Jus-
tice System. And second, because of this type of ghettoization of the problem
of domestic violence and of its victims, these women and their issues are kept
out of central legal areas where their voices might have an impact on changing
the system.
Long before a domestic violence case makes its way to trial, women nar-
rate their accounts of abuse, sometimes as many as ten or fifteen times with a
whole host of sociolegal representatives.2 In these institutional conversations,
both victims and service providers contribute to forming pretrial testimony
and official documentation of abuse. Narrative is the fundamental unit of anal-
ysis because it is through this speech activity that testimony is borne as events
come alive linguistically. Narrative is especially important in law, because often
in cases of gender-related violence, the abusive event occurs privately. It is only
through its verbalization within institutions that the event becomes public and
can act as evidence for consideration when judicial decisions are made. Fur-
thermore, through the act of narrating, victims and legal authorities carve out
the meaning of abuse. Narrative then, is not only a way of recounting; it is also
a way of remembering. Perhaps nowhere is this fact more poignant than it is in
a legal system where people’s accounts of the past become part of institutional
memory (cf. Linde 1999).
While trauma is often given as a reason for narrative inconsistency (Felman
& Laub 1992; see Cohen 2001 on denial; van der Kolk 1994), the linguistic
divide that separates the way victims and institutions inscribe representations
of violence is also a potential source of narrative alteration. What will be shown
to be significant is the compromise that women and service providers negotiate
in order to narrow the gaps between the personal story and the official report of
domestic abuse. These negotiations leave the victims’ meaning and their means
of representing themselves and their experiences at risk in several ways. For
domestic violence victims, the empirical site where such threats to meaning
may occur is the protective order application interview.
 Chapter 1

The protective order

A protective order is a court injunction that is issued by a judge to keep an


abusive family member away from a complaining party for a specified period
of time. The issuance of an order is a preventive measure, intended to pro-
tect survivors from further abuse. The petition for a protective order is a civil
court procedure, but violations of the terms of these court orders can become
criminal offenses. The first two violations may result in criminal misdemeanor
charges, while the third violation can result in a felony charge. Eligibility for an
order is restricted in slightly different ways in the various states throughout the
U.S. In some states, such as Arizona, Florida, Ohio, New York and Texas, the
family codes restrict eligibility to persons who are related to (either by blood
or through marriage), have a child with, or have lived with the person against
whom they are requesting the injunction. Other state codes, such as California
and Colorado, allow applicants who have had only dating or engagement rela-
tionships with alleged abusers to apply for a protective order. But, definitions of
what constitutes family violence – as it relates to adult victims – vary insignif-
icantly from state to state. An examination of several state family codes (Ari-
zona, Florida, Ohio, New York, and Texas) reveals a general consensus: Family
violence constitutes acts that have resulted in physical injury, assault, or sex-
ual assault, or acts that place a person in imminent fear of physical injury, as-
sault, or sexual assault. In most places, the application process is free of charge,
though sometimes, small pro bono clinics request a processing donation (e.g.,
of $20.00 or so) to cover costs of writing supplies and materials. In many states,
volunteers and other legal professionals, who are situated throughout the soci-
olegal system, are in place to help women apply for orders. In most places, the
application process entails a speech event that includes an interview.
From the protective order application interview, the victim and the per-
son(s) to whom she recounts the abuse produce at least two narratives. These
two narrative texts are conceptualized as belonging to different narrative gen-
res: the oral story of abuse and the written report of abuse. Each genre has its
own “thematic content, style and compositional structure. . .inseparably linked
to the whole of the utterance” (Bakhtin 1986: 60). Between these two narrative
genres, intertextual links and gaps occur as one text is produced as a result of
the production of the previous text (Bauman & Briggs 1990; Briggs & Bauman
1992). The representations of abuse are analyzed as texts that are both shaped
by and integral in shaping legal definitions of violence against women.3
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