On unmasking power dynamics: the role of sound legal narratives in the case Espinoza Gonzáles v. Perú


Legal narratives are influenced by prejudices and emotions. At the same time, they often incorporate a deep understanding of socio-cultural contexts, thus contributing to unmasking biases. Feminist theories have suggested that gender stereotypes are the product of understandings that can be decisively influenced by ‘epistemic injustices’. Legal narratives can then expose the roots of gender stereotypes by incorporating a thick understanding of the socio-cultural context of discrimination. Taking stock of this literature, the paper shall argue that a judge’s ability to unmask stereotypical narratives and develop sound ones is critical for the correctness of the argumentation in cases of sexual violence against women.