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法律是如何污名化强奸受害者的? – 译学馆
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法律是如何污名化强奸受害者的?

How Law Stigmatizes Rape Victims | Erin L. Kelley | TEDxMountainViewCollege

So when people meet me for the first time,
当人们第一次见到我
sometimes they are a little surprised to find that
有时他们会惊讶于
I’ve been practicing martial arts almost my entire life.
我生活中大部分时间都在练习武术
I have been in boxing, Muay Thai kickboxing
我一直在练拳击和泰拳
which I am pictured here with this fortunate gentleman.
这是我和一位幸运绅士的合影
But I started out early on as a young girl in Taekwondo
但我很小的时候就开始练跆拳道
and I walked my way through the ranks of a black belt.
一步步练到黑带级别
This was really special to me, though.
然而对我来说 这很特别
Because my dad, he was my teacher.
因为我的爸爸 他是我的老师
He was the one who taught me these fundamentals
是他教会了我武术的基本原理
of what since become one of the
从那之后 武术成为我一生的
passions and one of the loves of my life.
激情和挚爱之一
When we think about what martial arts might teach a young person,
当我们思考武术能教会年轻人什么的时候
we probably think about the obvious things.
我们可能会想到一些显而易见的事情
They teaches them to be self-motivated,
武术教会他们自我激励
disciplined, physically and mentally strong.
自律 身心强健
But early on as a young girl, it empowered me.
但是武术在我还小的时候就赋予了我力量
But it empowered me because I recognized that
它给我力量是因为我立即意识到
I was immediately at a physical disadvantage.
我的体型让我处于劣势
And I needed some sort of skills or tools to defend myself.
所以我需要一些技巧或工具来保护自己
Typically, men were stronger.
一般来说 男性更强壮
And, when would that intentions could harm me?
而他们的不良企图时会伤害到我吗?
So for whatever reason,
不知何故
I am latched on to this idea of
我对这种想法很感兴趣
how certain people could be disadvantaged
那就是某些人会
due to basically who they are just as their characteristics.
因为自己的性别而处于劣势
I grew up.
我长大了
I went to college
我上了大学
and was the first in my family to graduate with a college degree.
并且是我们家第一个大学毕业生
And then I went on to the law school,
然后我继续读了法学院
as if that wasn’t enough,
但是这似乎还不够
I earned a Juris Doctor degree,
我还取得了法学博士学位
and then later a PhD in literature,
后来我也取得了文学博士学位
and through this really long arduous academic journey of researching and writing,
这是我经过漫长的学术研究 写论文
and teaching college students.
教授大学生的过程后取得的
I began to see a connection between my two fields, law and literature,
我开始看到我所学领域——法律和文学的关联
that I initially didn’t recognize.
这是我之前没意识到的
And what I mean by this is
我的意思是
I look into law with respect to written court opinion,
我研究有关书面法庭意见的法律
like Marbury VS Madison,
例如 马伯利诉麦迪逊案
or Brown versus Board of Education
或布朗诉教育委员会案
because what judges do
因为法官的工作
is they utilize the elements of whatever the law is in question and they interpret it.
就是对案件的法律元素进行解读
And they tell us as the society what is just,
他们告诉我们 作为一个社会 什么是正义
what is right, what is punishable.
什么是正确的 什么是该罚的
But, I started to analyze law in a different way,
但我开始用不同的方式分析法律
like I did in literature.
就像我分析文学一样
Because this type of law, it tells us a story.
因为这种法律在跟我们讲故事
It provides a narrative, lessons, themes,
它提供的是叙述 教训 主题
perspectives, both old and new
从古至今的各种观点
as to who we are as a society.
让我们知道在社会中我们扮演什么角色
When I started analyzing law in this way,
当我用这种方式分析法律时
I found that particularly with respect to rape and sexual assault,
我发现特别是在强奸和性侵方面
both law and literature and society,
法律 文学和社会
often times, blame the wrong person.
经常都怪错人了
They blame the victim,
他们指责受害者
not the rapist, not the perpetrators, not the criminal.
不是强奸犯 不是干案者 也不是罪犯
But I think this starts from a very popular misconception.
但我觉得这始于一个很流行的错误想法
And that’s that most reported rape cases are falsely reported crimes.
那就是大多数报案的强奸案都是假的
And part of this I think is due to the fact that quite frankly
坦白说 我觉得有一部分是因为
raping convictions in the court of law are honestly quite rare.
在法庭上被定罪的强奸案实在很罕见
For example, in the study conducted by RAINN in 2017-
举个例子 全国最大的反性暴力组织
RAINN being the nation’s largest anti sexual violence organization,
RAINN在2017年进行的研究发现
this study concluded that for every 1000 rapes that occur,
每1000起强奸案中
230 are reported to law enforcement.
只有230起报案给执法部门
And as those 230, as they trickle down through the system,
在这系统备案了的230起案件中
only 5 result in conviction.
只有5起能被定罪
Why such a low number?
为什么这么少呢
I can tell you that it’s not
我可以告诉你
because of those 230 reported rapes,
不是因为报案的230起强奸案中
because they were mostly false.
大部分都是假案
Not so.
不是因为这个
But rather what the story of law tells us
而是 法律的故事告诉我们
is that rape convictions can be quite difficult to prove in the court of law.
强奸案很难在法庭上证实并定罪
And they are in fact rare.
这也很罕见
For example, in people versus Evans and State versus Goldberg,
打个比方 埃文斯案和州诉葛伯格案
this law tells us that
法律告诉我们
in order for a conviction,
为了定罪
that significant signs of struggle,
受害者必须要有
physical signs must be present.
挣扎等体征痕迹
And physical signs meaning that
体征是指
she resisted, that she did not consent to having sex with him.
她抵抗 她没同意与他发生性关系
But those physical signs have to be injuries, bruises, broken bones, lacerations.
但这些体征表现为损伤 青肿 碎骨 撕裂伤
In the alternative US EEOC versus Hometown Buffet tells us that
美国均等就业机会委员会诉家乡自助餐案告诉我们
a conviction more likely will arise
如果强奸犯还犯了另一项重罪
if the rapist also commits an additional felony like breaking and entering.
如入室盗窃 那么定罪几率将会上升
And in this instance,
该案件的结果是
the defendant was convicted to forty-two years in prison.
被告被判42年有期徒刑
So, again,
所以 再说一次
difficult to prove in a court of law and very rare.
强奸犯很少也很难在法庭上被定罪
Nonetheless.
尽管如此
Along those lines,
按这一方式
we might think in another story that law tells us that
我们想想法律告诉我们的另一故事
if a defendant gets on the stand,
如果被告站上证人席
in a court of law and he admits to the crime.
在法庭上认罪
I’m guilty.
我有罪
I did it, I raped the victim.
我做了坏事 我强奸了受害者
We might think that he would probably receive a harsh punishment in his conviction, right?
我们可能会觉得他会被定罪并受到严重惩罚 对吗?
Wrong.

For example in the 2014, Dallas Texas probation hearing,
打个比方 在2014年德州达拉斯缓刑听证会上
The State of Texas versus sir Khalil Young.
德州诉哈利勒·杨案中
Mr. young got on the stand,
杨先生站上证人席
and he admitted to raping the fourteen-year-old victim.
承认强奸14岁的受害者
When the judge could have sentenced him to up to up to 20 years in prison,
法官本可以判他最长20年有期徒刑
she only sentenced him to 45 days in jail.
但她却只判处他45天监禁
A five-year probation.
5年缓刑
And if he met the conditions of the probation,
如果他符合缓刑的条件
the entire conviction wiped away from his record.
整个定罪会从他的记录中抹去
The legal community was shocked.
整个法律界都震惊了
And in an interview with the Dallas Morning News,
在《达拉斯晨报》对这位法官的采访中
the judge explained her reasoning for the light sentence
法官解释了为何她判刑这么轻
which was another shocking statement.
这一解释又让人很震惊
And that’s that the judge believed that the victim
法官坚信受害者
”wasn’t who she claimed to be.”
“谎称自己是受害者”
The judge would want to say that she went through the victims medical records.
法官说她看过受害者的病历记录
And she found that the fourteen-year-old had three sexual partners in the past,
发现这位十四岁的受害者过去有三位性伴侣
and had given birth
并生过孩子
which later it turns out the victim had never been pregnant.
但事实上 受害者从未怀孕
But by the judge saying this,
但法官的这番话
she implied that since the judge believed the victim was promiscuous.
暗示着她相信受害者淫乱成性
That in the sense she was implicated, she was blamed for being raped.
从某种意义上说 受害者被强奸是她自己的错
And she deserved it.
她自作自受
So when we have cases like these, they provide a very powerful message,
所以 这类案件提供了很有力的信息
and that’s that rapists you’ll receive little punishment if you’re even caught.
那就是即使强奸犯被抓 也从轻处罚
Victims, we’re gonna automatically call your part into question,
而我们会自动质疑受害者在案件中的角色
and we might just blame you instead.
甚至直接反过来指责受害者
But what happens here is that
但是
what makes it even worse is that the victim was so distraught
让情况更糟糕的是
at the judge’s public comments and the light sentence
受害者因法官的从轻处罚和言论而心神错乱
that she regretted even reporting the rape to begin with.
甚至后悔当初去报案
What’s even worse is
更糟糕的是
when we have cases like most reported rape cases,
大多数报案的强奸案
where we have “he said, she said” type situation,
存在双方各执一词的情况
and what that means is there might be evidence from a rape kit.
意思是说 “强奸取证包”已经找到了证据
But it’s basically he said she consented to having sex with him,
但男方说女方自愿与他发生性关系
she says he forced and raped her.
女方则说男方强迫并强奸了她
And there’s no physical signs of struggle resistance, non-consent.
而受害者身上没有挣扎 抵抗 非自愿性交的体征
In its defense, criminal law requires proof beyond a reasonable doubt.
说句公道话 刑法要求控方提出超出合理怀疑的证据
So under these circumstances
在这一情况下
that burden of proof isn’t going to be met.
这样的举证责任落实不了
So although we have laws against rape,
虽然我们有法律对抗强奸
that doesn’t necessarily mean that they’re effective.
但并不意味着法律能发挥作用
For example, in a study by the CDC, this study indicated that
举个例子 CDC的一项研究指出
over 1 million American women
每年至少有一百万美国女性
experienced rape every year.
有被强奸的经历
Yet, less than one-third report the crime to law enforcement
然而 少过1/3的人会向执法部门报案
because they don’t feel they’re going to be supported
因为他们觉得自己得不到支持
which makes rape one of the most underreported crimes.
而这使强奸变成了报案率最低的一种罪行
So these statistics combined with the Dallas court case
这些统计数据和达拉斯案件
provide a really powerful message.
传达了很有力的讯息
And that sometimes our society normalizes rape
那就是 我们的社会有时会规范化强奸
and even makes excuses for it.
甚至为其找借口
What we can take away from this is what I learned early on as a young girl.
我小的时候就学到如何避免这一事件发生
Here I am with my dad. It was a little bit of time ago.
这是我和我爸爸 很早以前的了
But that was women need to work hard.
那就是女性要努力
We need to be disciplined. We need to be strong. We need to be empowered.
要自律 要强壮 要有力量
But we don’t need to be empowered for the wrong reasons.
但我们不必出于错误的原因而得到力量
And that’s due to fear or disadvantage.
比如恐惧或处于劣势
I am not here to villainize or vilify the criminal justice system.
我来到这里不是为了抹黑刑事司法体系
I am merely saying that due to the strict standards of criminal law,
我只是在说 由于刑法标准严格
the elements of the crime, and the unique nature of the crime,
而且罪行的成分和性质都独特
rape victims aren’t protected in the same manner
强奸受害者无法跟其它罪行和重罪的受害者那样
as victims are of other crimes and felonies.
得到同样的保护
And I haven’t even begin to be able to discuss male victims of sexual assault,
我都还没开始讨论男性性侵犯受害者的遭遇
another epidemic in our society
这是我们社会的另一流行现象
and very well deserving of our attention.
也很值得我们关注
But what we all need to do men and women,
不管男性女性
we need to work harder to remove this acceptance of a rape culture
我们都要更努力消除这种现象——
that blames the victim.
一有强奸案件就指责受害者
Instead of asking what was she doing,
不要再问受害者
what was she wearing, what was she saying when she was raped.
在被强奸时做什么 穿什么 说什么
The better question is
更有益的问题是:
what made him think that behavior was ever acceptable.
什么使他觉得强奸别人是可接受的
Thank you.
谢谢

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视频概述

法律是如何污名化强奸受害者的?

听录译者

ABC

翻译译者

ABC

审核员

审核员B

视频来源

https://www.youtube.com/watch?v=HnaBWx_Bn8c

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