Constructing Agency and Accountability in Judicial Discourse: A Systemic Functional Linguistic Analysis of a Pakistani Rape-Murder Judgment

Abstract

This study investigates the linguistic representation of the victim’s and perpetrators’ agency in the court verdict on a rape-murder case through systemic functional linguistics (SFL). The verdict is an appellate decision arising from a criminal appeal involving a reference to murder, and it is available on the Lahore High Court website. A qualitative content analysis of the judgment reveals how the experiences of the victim and the perpetrator are linguistically encoded through transitivity, and how this representation shapes reality. All the social actors in the appellate judgment were anonymized. The analysis of the selected clauses in the judgment shows how significant a role the judicial discourse can play in constructing, retaining, disseminating, or dismantling certain stereotypes around rape. The results suggest the use of agent omission, thematic foregrounding, and middle and passive clausal constructions, all of which not only background the perpetrator’s agency in relation to the crime but also suggest the victim as the blameworthy and responsible party. Such linguistic representation of a crime, as severe as rape, in the institutional discourse mirrors the misogynistic and patriarchal mindset that runs deep in Pakistani society. Moreover, the paper highlights the lack of objectivity and neutrality in the judicial language, which significantly alters public opinion about rape. It further argues for the need for greater linguistic awareness in legal drafting to ensure more accurate, balanced, and accountable representations of victims and perpetrators in rape discourse.