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‘Facts that are declared proven’: sexual violence, forensic medicine, and the courtroom in early Francoist Spain

Research output: Contribution to Journal/Magazine › Journal article › peer-review

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‘Facts that are declared proven’: sexual violence, forensic medicine, and the courtroom in early Francoist Spain. / Wright, Stephanie.
In: Women's History Review, Vol. 32, No. 7, 10.11.2023.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Harvard

Wright, S 2023, '‘Facts that are declared proven’: sexual violence, forensic medicine, and the courtroom in early Francoist Spain', Women's History Review, vol. 32, no. 7. https://doi.org/10.1080/09612025.2023.2197791

APA

Wright, S. (2023). ‘Facts that are declared proven’: sexual violence, forensic medicine, and the courtroom in early Francoist Spain. Women's History Review, 32(7). https://doi.org/10.1080/09612025.2023.2197791

Vancouver

Wright S. ‘Facts that are declared proven’: sexual violence, forensic medicine, and the courtroom in early Francoist Spain. Women's History Review. 2023 Nov 10;32(7). Epub 2023 Apr 16. doi: 10.1080/09612025.2023.2197791

Author

Wright, Stephanie. / ‘Facts that are declared proven’ : sexual violence, forensic medicine, and the courtroom in early Francoist Spain. In: Women's History Review. 2023 ; Vol. 32, No. 7.

Bibtex

@article{36ecfaf870c24c41830a9af83c1166ee,
title = "{\textquoteleft}Facts that are declared proven{\textquoteright}: sexual violence, forensic medicine, and the courtroom in early Francoist Spain",
abstract = "This article examines the Spanish court system as a site for the secondary victimisation or {\textquoteleft}second rape{\textquoteright} of sexual assault victims under the right-wing, Catholic dictatorship of Francisco Franco in Spain. Medical evidence enjoyed a high level of prestige as a modern and {\textquoteleft}objective{\textquoteright} arbiter of truth in Francoist Spain, precisely because of widespread recognition of the legal system{\textquoteright}s corruptible nature. As such, contemporary court records reveal how victims in fact sometimes sought out medical examinations, even before reporting sexual crimes to law enforcement. However, the discretional nature of the Francoist legal system, heavily reliant on character references, allowed investigating judges to exploit the ambiguities of medical evidence to fit their vision of who constituted the legitimate {\textquoteleft}victims{\textquoteright} and {\textquoteleft}perpetrators{\textquoteright} of sexual violence. Medical forensic evidence therefore served an important purpose in Francoist rape trials; this was not the pursuit of justice or reparations for victims, but rather to reinforce conservative, patriarchal societal structures while providing a veneer of legitimacy to an otherwise distrusted legal system.",
keywords = "Francoism, Spain, courts, forensic medicine, rape",
author = "Stephanie Wright",
year = "2023",
month = nov,
day = "10",
doi = "10.1080/09612025.2023.2197791",
language = "English",
volume = "32",
journal = "Women's History Review",
issn = "0961-2025",
publisher = "Taylor and Francis Ltd.",
number = "7",

}

RIS

TY - JOUR

T1 - ‘Facts that are declared proven’

T2 - sexual violence, forensic medicine, and the courtroom in early Francoist Spain

AU - Wright, Stephanie

PY - 2023/11/10

Y1 - 2023/11/10

N2 - This article examines the Spanish court system as a site for the secondary victimisation or ‘second rape’ of sexual assault victims under the right-wing, Catholic dictatorship of Francisco Franco in Spain. Medical evidence enjoyed a high level of prestige as a modern and ‘objective’ arbiter of truth in Francoist Spain, precisely because of widespread recognition of the legal system’s corruptible nature. As such, contemporary court records reveal how victims in fact sometimes sought out medical examinations, even before reporting sexual crimes to law enforcement. However, the discretional nature of the Francoist legal system, heavily reliant on character references, allowed investigating judges to exploit the ambiguities of medical evidence to fit their vision of who constituted the legitimate ‘victims’ and ‘perpetrators’ of sexual violence. Medical forensic evidence therefore served an important purpose in Francoist rape trials; this was not the pursuit of justice or reparations for victims, but rather to reinforce conservative, patriarchal societal structures while providing a veneer of legitimacy to an otherwise distrusted legal system.

AB - This article examines the Spanish court system as a site for the secondary victimisation or ‘second rape’ of sexual assault victims under the right-wing, Catholic dictatorship of Francisco Franco in Spain. Medical evidence enjoyed a high level of prestige as a modern and ‘objective’ arbiter of truth in Francoist Spain, precisely because of widespread recognition of the legal system’s corruptible nature. As such, contemporary court records reveal how victims in fact sometimes sought out medical examinations, even before reporting sexual crimes to law enforcement. However, the discretional nature of the Francoist legal system, heavily reliant on character references, allowed investigating judges to exploit the ambiguities of medical evidence to fit their vision of who constituted the legitimate ‘victims’ and ‘perpetrators’ of sexual violence. Medical forensic evidence therefore served an important purpose in Francoist rape trials; this was not the pursuit of justice or reparations for victims, but rather to reinforce conservative, patriarchal societal structures while providing a veneer of legitimacy to an otherwise distrusted legal system.

KW - Francoism

KW - Spain

KW - courts

KW - forensic medicine

KW - rape

U2 - 10.1080/09612025.2023.2197791

DO - 10.1080/09612025.2023.2197791

M3 - Journal article

VL - 32

JO - Women's History Review

JF - Women's History Review

SN - 0961-2025

IS - 7

ER -