Controlling the Narrative: The Epistemology of Himpathy in Sexual Assault Trials

This paper develops an original approach for theorising about himpathy by examining the courtrooms’ environment. Kate Manne (2018) defines himpathy as the excessive sympathy sometimes shown towards male perpetrators of sexual violence. While Manne discusses himpathy in connection with the moral and political problem of exonerating narratives and through the lens of testimonial injustice, we want to explore cases in which the testimony of the rape survivor is believed, but nevertheless misinterpreted due to conceptual resources that obscure women’s experience of sexual violence. We argue that the concept of himpathy can be expanded and himpathy can be seen as an instance of hermeneutical injustice in which epistemic and emotional dysfunctions are deeply intertwined and sustained by forms of meta blindness (Medina, 2013) that present the male standpoint as neutral. We then put this insight into practice to analyse how himpathy influences the constitution of testimonial evidence in Italian criminal trials for sexual violence. The aim is to shed proper light on the role of himpathy in presenting biased epistemological stances as impartial in judicial reasoning.