Abstract

ABSTRACTDuring a 2018 sentencing hearing of former Olympics and Michigan State University doctor Larry Nassar, 156 survivors offered Victim Impact Statements, and Judge Rosemarie Aquilina made national headlines for her impassioned responses to each survivor. This essay shows how Aquilina’s responses use epideictic rhetoric to make audible a judicial practice of feminist witnessing of assault testimony. In so doing, Aquilina challenges the way blame “sticks” to survivors and casts a scrutinizing gaze on a culture that silences survivors; praises the individual act of testimony and constitutes a collective of “sister survivors,” thereby fostering connection and potential for coalition building; and reframes sexual assault testimony as a public act with socially transformative effects.KEYWORDS: Epideictic rhetoricfeminist judicial theoryfeminist witnessingsexual assault Disclosure StatementNo potential conflict of interest was reported by the author(s).Notes1 I rely on the VIS reproduced on the website In Our Own Words, a resource created by Heartland Independent Film Forum and sponsored by the Michigan Daily Newspaper, MSU’s student paper. Because the statements were published with survivors’ permission on inourwords.org as an educational resource, I have used the survivor’s name if it was released. In cases where it was not, I use the number or symbols that appear on inourwords.org.2 The VIS followed Nassar’s guilty plea to seven counts of sexual misconduct. Although the plea deal meant there would be no public criminal trial during which survivors could testify, Aquilina invited any survivor impacted by Nassar’s abuse, including parents, to offer a statement.3 Aquilina’s vengeance-focused comments also received criticism from feminists, even as they often acknowledged them as an understandable response to Nassar’s abhorrent acts (Gruber; Press). Her comments, in this moment, demonstrate the limitations of what Elizabeth Bernstein calls carceral feminism, wherein criminal prosecution is viewed as a solution to gender violence, without attention to the ways criminal law is entrenched in “masculinism, racism and cruelty” (Gruber).