feminist linguistic studies, particularly the type that unpacks and deconstructs the sexist and androcentric assumptions encoded in linguistic representations, work in critical discourse analysis does not merely describe language in a dispassionate and disinterested way . . . proponents of critical discourse analysis assume that dominant social structures and processes are partly discursive in their nature and aim to expose how such discursive practices contribute to the production and reproduction of unequal social relations.
Id. at 35.
two elements: (1) a woman must have struggled to the utmost of her physical capacity and (2) her resistance must not have subsided until after penetration . . . if a woman did not resist the rape to the utmost of her physical capacity, she was not raped. If a woman struggled to the utmost of her physical capacity until doing so appeared futile to her, and only then acquiesced to the rapists advances, she also was not raped.
Id. at 963.
[In defining the crime, courts] have focused almost incidentally on the defendantand almost entirely on the victim . . . [m]ens rea, where it might matter, is all but eliminated; prohibited force tends to be defined according to the response of the victim; and nonconsentthe sine qua non of the offenseturns entirely on the victims response.
Estrich, supra note 24, at 1094.
First, the patient experiences a type of stressor, which causes distress symptoms in most people. Second, the patient re-lives the underlying trauma by one of several means, including recurrent nightmares and vivid memories of the event. Third, the patient avoids stimuli associated with the trauma or demonstrates reduced responsiveness. This lessened responsiveness can be indicated by at least three characteristics including feelings of detachment from others, the sense of a foreshortened future, and a restricted range of (feeling or emotional response). Last, the patient exhibits two or more [particular] symptoms not present (prior to) the trauma, including sleep disturbance, exaggerated startle response, and hypervigilance. When the first element, the stressor, is rape, therapists and counselors diagnose the patient with rape trauma syndrome.