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Disputed Legacies- The Pakistan Papers, 2019
This paper explores totalizing dichotomies within the justice systems' attitude and response to rape and how they lead to social and legal impunity for perpetrators. It examines the victim-perpetrator based model applied by actors along the formal criminal justice system (CJS), that assumes a 'oneness' amongst both survivors and perpetrators of rape and thereby refuses to admit alternate narratives on agency, empowerment and harm that are critical to understanding power-based violence, particularly incest, marital and acquaintance rape. It argues that with gender being performative and gendered victim-perpetrator based cognitive structures restricting the use of statutory interpretation of law, little has been done to dislodge the dominant sexual ideology and orthodox sexual morality on which Pakistani law is based and applied. This paper examines the attitudes and response of the CJS through its various institutions or 'centres of power' i.e., the courts, police and the medico-legal sector, and discusses the role played by media and civil society in framing the national discourse on rape. It looks into the etymology of rape in legal opinions, focusing on structured lexical frames of legal utterances that lead to the construction of negative or positive base models that assign blame or vindicate alleged rapists and their victims. It traces various evidentiary requirements that need to be fulfilled before the pronouncement of guilt or innocence of the alleged rapist, based on the inferential power of such base models within the politics of representation. It also analyses expert opinions of medico-legal doctors and ideation of the typical victim/ perpetrator that assume a diagonally opposed relationship between resistance and consent and how that impacts the discourse on evidence in court. Through these deconstructions, this paper aims to isolate and subsequently challenge normative scripts on rape, and offers a resistance to the prevailing discourse around the issue in Pakistan.
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Es el que corresponde a la detección de una cantidad muy pequeña de aire que entra a la columna cuando se introduce la muestra en el cromatógrafo.
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