From Silencing to Extracted Testimony in Trials for Gender-Based Violence: A Performative Approach to Ideological Oppression

Much recent work in feminist philosophy of language and epistemology has focused on how power constrains speech and testimony. This paper aims to highlight the flip side of silencing by looking at the productive power of sexist ideology in the context of the Italian gender-based violence crime trial. Building on José Medina’s performative account of epistemic injustice (2013; 2021), I argue that when sexist conceptual resources are used by the judge as an epistemic lens, they do ideological work by setting unfair constraints on the communicative and epistemic agency of the complainant in the obtaining of her testimony. Moreover, I argue that the very same hermeneutical insensitivities and distorting concepts that shape patterns of silence can give rise to forms of agential testimonial injustice (Lackey 2023) in which the only witness statements believed by the Court are those elicited through oppressive questions that obscure, deny, or minimize the reported violence, constituting a form of extracted speech (McKinney 2016). In practical terms, this paper intends to offer a possible theoretical tool to detect and counteract those unjust discursive practices that prevent an unbiased constitution of testimonial evidence.