1. Scott 1
Kayla Scott
Comms 100B
Dr. Sheryl Hurner
Emily Doe’s Victim Impact Statement: A Rhetorical Criticism
American women today are more likely to become victims of campus sexual assault than
they are of receiving a master’s degree. The U.S. Census Bureau reported in 2015 that 12 percent
of women will obtain an advanced degree (U.S. Census Bureau, 2015), compared to new studies
showing that 26.1 percent of female college seniors will become victims of rape or sexual assault
(The Association of American Universities, 2015). The prevalence of campus sexual assault has
created a conversation in this country about the intricacies and consequences of rape and the
handling of these cases within the justice system. On the night of January 18, 2015, 19-year-old
Stanford University freshman student athlete Brock Turner sexually assaulted an unconscious
22-year-old woman behind a dumpster, ensuring his name and mugshot into the lexicon of
America’s conversation on rape. In an attempt to insert her side of the story into the forefront of
the country’s mind, Turner’s victim Emily Doe read aloud a victim impact statement to her
attacker in court. This letter became a beacon of hope, affording a voice to the disenfranchised
and silent victims of sexual assault, and providing a platform to elicit change within the legal
systems that have been mishandling rape and sexual assault cases in this country.

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Through the use of the narrative paradigm, Doe effectively applies the concepts of
Cicero’s canons of rhetoric and Aristotle’s forms of proof to rouse millions of people to the
cause of generating a broader conversation on rape and rape culture in America. Doe also utilizes
Monroe’s motivated sequence to provoke the public into applying a pressure that will incite
change throughout the judicial systems, challenging the cultural and social standards that
normalize sexual assault and exonerate offenders.
In the spring of 2015, the Association of American Universities (AAU) conducted an
empirical assessment survey of 779,170 students across 25 college campuses in America. The
sample consisted of females, males, transgender, genderqueer, and non-conforming students. Of
those students surveyed, less than 28 percent of the victims of campus sexual assault had
reported their assault to an agency or organization; “50% of the victims of even the most serious
assaults (including forced penetration)” did not report their assault because they did not consider
it “serious enough.” According to the AAU survey, 21.2 percent of seniors had been a victim of
campus sexual assault since beginning their tenure at their 4-year university; “approximately half
of these were victims of nonconsensual penetration involving one of the four tactics (physical or
threat of physical force, incapacitation, coercion,” and absence of affirmative consent). The
group most highly effected by this violence are the female college seniors at 26.1 percent, which
equates to more than 1 in 4 of our female students (The Association of American Universities,
2015).
A previous study conducted in 2007 by the National Institute of Justice on Campus
Sexual Assault (CSA) indicated that 19.8 percent, or 1 in 5, female college seniors were victims
of “completed nonconsensual sexual contact involving force or incapacitation” (National
Institute of Justice, 2007). When compared to the 2015 results from the AAU Survey, these

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statistics demonstrate a 6.3 percent increase in these crimes within the last 8 years. This indicates
that incidences of campus sexual assault are on the rise, as evidenced in the many cases
sensationalized in the media.
Since 2007, American media has inundated the public with sensationalized news stories
on the court cases of campus sexual assault and rape, and the criticisms of campuses mishandling
their cases, all the while, making the perpetrators household names. On November 19, 2014,
Rolling Stone published a 9,000 word, scandalous and inaccurate account of a young woman
gang raped in 2012 at the Phi Kappa Psi fraternity house on the University of Virginia campus.
The details of the inaccuracies in the Rolling Stone article, and in the evidence during the case,
were detailed in a July 30, 2015 article in New York Magazine (Hartmann, 2015). On January 27,
2015, two Vanderbilt football players were convicted “on multiple counts of sexual battery and
aggravated rape” of a young woman entering her senior year at Vanderbilt (Luther, 2015). The
conviction was written about in that February’s Sports Illustrated magazine.
Detailed on CNN, Sports Illustrated, Today, ABC News, Los Angeles Times, Washington
Post and many more news outlets, Brock Turner became a household name. The media referred
to him as the “Stanford swimmer.” They detailed his triumphs as a first place winner in the
men’s 200m freestyle and the men’s 500m freestyle (Turner, 2015), winning the Ohio State
Championships and earning a coveted spot on Stanford’s exceptional swim team where Olympic
medals are frequently born from training in Stanford’s pools. Throughout the court case,
America regularly saw Turner’s smiling yearbook picture in place of a mugshot. In this yearbook
photo, he smiles at the camera, blonde hair cropped short, wearing a dark blazer over a baby
blue, collared, button-up shirt, red necktie expertly fastened beneath his collar. The Chicago
Tribune describes this photo as “the brilliant smile of a Stanford swimmer with Olympic dreams,

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the happy privileged face of a white college kid named Brock Turner” (Dvorak, 2016). Googling
“Brock Turner” brings up almost 17 million hits, giving the American public everything they
need to know about the young man: how fast he swam, his grade point average, how he dressed,
what town he was raised in, how wealthy his parents were, and his accounts of what he said
happened that night in January. The one thing the American public didn’t hear was the voice of
Emily Doe, the appointed pseudonym given to the victim who had only previously been referred
to in the media as the “unconscious, intoxicated woman” (Doe, 2016).
In a courtroom filled with friends and family from both sides, with her attacker present
and listening, with all of America at the fever pitch of headline-grabbing campus sexual assault
stories, with fellow survivors of sexual assault still waiting for their voices to be heard, Emily
Doe spoke. Doe crafted over 12 pages of harrowing narrative, reading all 7,392 words of her
victim impact statement aloud in court. Once released online, the letter quickly went viral,
garnering almost 12 million views in just 4 days (Baysinger, 2016). The California Department
of Corrections and Rehabilitation produced A Guide for Writing Victim Impact Statements to
inform victims that these letters “provide an opportunity for panel (jury) members to understand
how this crime has affected you… physically, financially, emotionally and even spiritually.”
Without this input, “many offenders may never know the true impact of their actions” (CDCR,
2012).
The letter opens with the declaration that she will be addressing Turner directly,
introducing herself to him by candidly stating, “you don’t know me, but you’ve been inside me,
and that’s why we’re here today” (Doe, 2016). She continues by chronologically detailing her
saga as Turner’s victim, beginning the tale just hours prior to the assault and finishing in present
day as she stands in court. Doe begins that she had planned to stay home alone that night, but

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changed her mind at the last moment to accompany her younger sister to a party. The next thing
she remembers is waking up in the hospital, confused at her surroundings and what could have
brought her there. After she realizes what happened, she is sent home in hospital-provided
clothing, without any information other than a suggestion that she be tested for HIV at a later
date.
Expected to leave the hospital and resume normal life, Doe describes discovering the
details of her rape through an online news outlet. The report illustrated how she “was found
unconscious, with (her) hair disheveled, long necklace wrapped around (her) neck, bra pulled out
of (her) dress, dress pulled off over (her) shoulders and pulled up above (her) waist… butt naked
all the way down to (her) boots, legs spread apart, and (having) had been penetrated by a foreign
object” (Doe, 2016). Doe describes more ways in which various media publicly discussed her
rape in detail, reporting that her “ass and vagina” were exposed and her “breasts had been
groped, fingers had been jabbed inside” her along with “an erect freshman humping (her) half
naked, unconscious body.” She discusses her decision to prolong her “suffering” by pursuing a
trial, subjecting herself and her story to more legal and public scrutiny.
Doe then reads statements made by Turner and responds to them with her own version of
the story. After countering his statements with her own, she addresses the issue of sentencing.
Doe announces that she does not want her attacker to “rot away in prison,” but that she does feel
that “the probation officer’s recommendation of a year or less in county jail is a soft time-out.”
She then suggests how she feels rape culture and consequences should be handled in the future,
citing her own case as an example for why there needs to be change within our society. In
closing, Doe directly addresses “girls everywhere,” her fellow rape victims. She leaves them
with this closing thought: “I am with you.”

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Doe’s letter is presented as narrative, a paradigm that Walter Fisher states is the “most
basic human symbolic response to rhetorical exigencies” and is how human beings “persuade in
everyday life” (Stoner and Perkins, p. 186). Fisher argues that the narrative paradigm
accomplishes a connection between reasoning, logic and poetics. This form of storytelling makes
Doe’s message accessible to multiple audiences, from the judge and lawyers listening in the
courtroom to the multitudes of sexual assault victims who will read her letter online. The
elements of storytelling present in the letter include a narrator (Doe), the characters (Turner,
media, litigators, etc.), and the setting (the context surrounding the assault). Fisher defines the
utility of the narrative paradigm as a way to establish “a reliable, trustworthy, and desirable
guide to thought and action in the world” (Stoner and Perkins, p. 188). Doe uses the narrative
approach to lay the ground work for her varied audiences to trust her motives in steering them
towards her call to action.
In his book De Inventione, Cicero identified five canons of rhetoric: elements used by a
rhetor in constructing a successful message (Stoner and Perkins, p. 140). Style and invention are
two of the canons of rhetoric present in Doe’s narrative, providing the foundation for her to
establish the audience’s empathy and trust. Doe’s style of writing and word choice include
literary devices such as visual imagery and parallel structure. Visual imagery helps to illustrate
an emotion and experience to the audience, enabling them to empathize with the rhetor. This
provides the audience with an opportunity to be influenced with pathos, one of Aristotle’s modes
of persuasion that rely on stirring the audience’s emotions (Stoner & Perkins, p. 150). To
demonstrate to her audience just how many pine needles were discovered in her hair after being
raped on a pine needle-covered ground, Doe describes how they scratched the back of her neck
and “left a little pile in every room,” taking “six hands to fill one paper bag” upon removal (Doe,

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2016). This emphasizes that the amount of pine needles in her hair indicate how roughly her
body had been handled on the ground. After describing her emotions upon leaving the hospital
with only the information that she had been raped, she urges the audience to “imagine stepping
back into the world with only that information” (Doe, 2016). This detail urges the audience to
paint the picture of how their own lives might look if they stepped into her shoes. She is inviting
them to experience her emotions for themselves. This visual goes beyond a static image, but
requires the audience to construct an entire life experience within their own world.
Parallelism is the structuring of phrases in repetition to create an emphasis in order to
embed an emotion in the audience. Doe describes the weeks following her attack in which she
attempted to repress her pain, but states: “I didn’t talk, I didn’t eat, I didn’t sleep, I didn’t interact
with anyone. After work, I would drive to a secluded place to scream. I didn’t talk, I didn’t eat, I
didn’t sleep, I didn’t interact with anyone.” Doe repeats her phrase twice, with each component
beginning “I didn’t,” and being finished with a task she couldn’t complete due to her fragile
emotional state. This reinforces to her audience the emotional difficulty she found in attempting
to resume her life.
Cicero describes the canon of invention as the most important due to its creation of
argument through a rhetor’s choice of “illustrations, examples, facts, testimony, documents,
images and so on” (Stoner and Perkins, p. 141). Invention relies on credibility and emotion to
create persuasion, two forms of proof discussed by Aristotle as ethos and pathos, respectively.
Doe describes herself on the night of the attack as “wearing a beige cardigan” akin to “a
librarian,” and calling herself “big mama” as she knew she would be the oldest attendee at the
party. This is another form of visual imagery that illustrates Doe as a dowdy, unsuspecting
choice for a victim of sexual assault, someone who wouldn’t expect to find herself in a hospital

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hours later. This helps to establish Doe’s credibility to the audience by painting herself as
someone reminiscent of the audience’s daughter or sister, a trustworthy person for whom they
might feel protective and outraged. This also incites an emotional response from the audience by
encouraging them to envision a loved one in place of Doe.
Doe also took the time to respond to Turner’s statements, presenting her side of the story
as logic, in comparison to Turner’s. This tactic helps to control the audience’s perception of who
is more deserving of the credibility and, therefore, more deserving of the audience’s support. For
example, Doe challenges Turner’s statement in which he explains why he fled from the scene of
the crime upon discovery by two men. “You ran because you said you felt scared,” Doe begins.
“I argue that you were scared because you’d be caught, not because you were scared of two
terrifying Swedish grad students.” She then calls one of her saviors “the evil Swede,” a sarcastic
nod to Turner’s perception of the men. This tactic helps to nullify Turner’s perspective, by
rewriting it with logic, while enhancing Doe’s credibility in comparison.
Doe also employs Monroe’s motivated sequence in her letter, an organizational technique
for speeches that provides an immediate call to action by inspiring her audience to help create
change surrounding rape culture and its legal consequences. Monroe’s motivated sequence
follows the steps of attention, need, satisfaction, visualization and action (Ehninger, Monroe &
Gronbeck, 1978). To satisfy the attention step, Doe uses bold words and terms that seem out of
context in the environment of a demure and traditional courtroom. Her initial attention-grabbing
statement occurs in her second sentence as she greets Turner, the man who she announces has
been inside her. This statement, illustrating Turner’s unwelcome entry into her body, gains the
attention of the courtroom through shock value, creating the precedence that she will be using
language that will feel uncomfortable. Terms such as “vagina,” “ass,” “erect,” “humping,”

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“penetrated,” and “mount” continually alert the audience into paying attention. Doe uses her
word choice to create an environment of discomfort, inviting the audience to feel an
embarrassment or shame that simulates Doe’s own reactions to the sexual attack on her body.
With the audience’s attention focused on her words, Doe continues the sequence onto the
need she must inspire within the audience. Doe describes how the justice system made her feel
disenfranchised when she said, “I had no power, I had no voice, I was defenseless… I was made
to believe that perhaps I am not enough to win this” case (Doe, 2016). This statement identifies
that there is a need that must be met, a wrong that must be made right. Doe becomes a
representative of the many other sexual assault victims who struggle through the legal system in
the hopes of, often unsuccessfully, bringing their attacker to justice. Doe then says that the
justice system “should have never made (her) fight so long” and that she will “not have the
outcome minimized” once the trial is complete. Doe recognizes that a short jail term for Turner
is “a mockery of the seriousness of his assaults, and of the consequences of the pain I have been
forced to endure.” Doe allows her case to be an example of how rape cases are mishandled in the
American legal system: trivializing the gravity of the crime and falling short on proper
punishments for assailants. This reminds the audience that there is a deficiency in the American
justice system that must be improved if we are to help future victims secure a valid voice in
providing consequences to perpetrators.
Next, Doe provides satisfaction, a suggested way in which to remedy the need she
proposed. Doe suggests Turner (as well as other sexual assailants) be made to aid in challenging
the current culture on rape by speaking out against his own actions and providing education
regarding sexual assault. She suggests that Turner help increase “awareness about campus sexual
assault or rape,” and educate others about “learning to recognize consent (and) speak out about

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campus drinking culture.” Doe provides the suggestions that will satisfy the wrong that must be
made right. She demonstrates Turner’s responsibility to become part of the conversation on rape
through prevention and education.
Doe is now burdened to provide visualization, a demonstration of what the culture and
consequences of rape would be like once her solution is in effect. She states that “as a society,
we cannot forgive everyone’s first sexual assault or digital rape…the seriousness of rape has to
be communicated clearly, we should not create a culture that suggests we learn that rape is
wrong through trial and error.” In regards to perpetrators who use intoxication as an excuse for
their actions, Doe states that no case should “be considered less serious due to the defendant’s
level of intoxication.” These statements provide the audience with an idea of what the culture of
rape would look like once the severity of rape is communicated properly to society.
Doe finally challenges her audience into action, demanding that “the consequences of
sexual assault needs to be severe enough that people feel enough fear to exercise good judgment
even if they are drunk, severe enough to be preventative.” Doe’s call to action prompts audience
members to challenge the status quo of rape culture, opening the conversation on proper
sentencing, rehabilitation of perpetrators and the validation of victims.
Upon interpretation of the rhetorical devices and patterns identified in Doe’s letter, we
can infer that she made deliberate choices in the construction of her message. The decision to use
a narrative approach indicates that Doe wanted her message to be accessible to several diverse
and varied audiences. Fisher purposely developed the idea of the narrative paradigm to challenge
Plato’s concept that “logic (was) the province of philosophers, not just everyday folks” (Stoner
& Perkins, p. 186). Fisher wanted to bridge the gap between audiences who relied on logic, such
as lawyers, and audiences who responded to storytelling, such as the everyday folks. Doe

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chooses narrative to convey her message because it ensures that she will reach both the audience
of litigators present in the courtroom as well as the multitudes of readers at home who will be
accessing her letter online.
We can infer that Doe felt confident in choosing such a broad audience because she must
have had knowledge of the potential attention and circulation her message would garner. One of
the first major news outlets to have published reports on the Turner case was the Los Angeles
Times, reporting their initial online story, “Former Stanford swimmer accused of raping
unconscious woman on campus,” on January 27, 2015 (Hamilton, 2015). The Los Angeles Times
website boasts an online and mobile readership of 137 million per month (Scarborough Los
Angeles, 2014), which assisted in quick, widespread interest in the case. Within weeks of the
attack, Doe’s rape became continual, national news. We can then assume that Doe knew that
whatever message she delivered in court on June 3, 2016 would reach a much greater audience
than simply the bodies present in the courtroom. With this knowledge, Doe must have
consciously constructed her letter to address the litigators and lobbyists across the country as
well as the sexual assault victims following the case. This ensures that her message would reach
the individuals in power who have the capacity to lobby for change within the justice system.
This also announces to other sexual assault victims that their similar stories now have a more
substantial platform. Doe has become the spokeswoman for these victims, providing the voice
they couldn’t find in their own cases.
Now that Doe has secured a wide and captive audience, she employs Cicero’s canons of
style and invention within her narrative to encourage her audience’s loyalty. She first earns their
allegiance by appealing to their emotions using pathos. Doe lowers the audience’s guard using
visual imagery and parallelism to illustrate the emotions she felt at the hospital and thereafter.

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This prompts them to feel pity for her pain and suffering, imagining themselves or their loved
ones in her position. They are now able to see through her eyes, lenses colored with emotion, and
perceive the experience as if in the first person.
Doe continues effecting the audience’s favor by using invention to provide examples of
her trustworthiness, satisfying Aristotle’s appeal to ethos. She describes herself the night of the
attack as someone the audience wouldn’t predict to be a victim of rape: a young woman dressed
conservatively, preparing to be the “big mama” to the other young girls present at the party. This
description affords Doe credibility because it conjures an image of someone the audience could
relate to, someone they already find trustworthy. For all intents and purposes, Doe then becomes
the audience’s daughter or little sister. Furthermore, Doe enhances her credibility by comparing
her trustworthiness to that of the defendant. She counters Turner’s statement that he ran away
from the scene of the crime in fear with the rebuttal that it is more logical that he ran away from
the scene of the crime because he had been “caught red handed, with no explanation” ( Doe,
2016). In one fell swoop, Doe accomplishes establishing her own credibility and bankrupting
Turner of his. Doe has thus secured the audience’s compassion by influencing their emotions and
commissioned their fidelity by proving her own trustworthiness in comparison to Turner’s.
Now that Doe has generated the audience’s support and consideration, her application of
Monroe’s motivated sequence is more inclined to successfully inspire the audience to answer her
call to action. Doe uses this technique to demonstrate that there is a perversion of justice
surrounding rape culture in America and that she has been a victim of this corruption. Feeling
protective of her and effectually convinced of her trustworthiness, the audience now perceives
Doe as a valid spokesperson for her cause. The audience is now willing to hear how she proposes
to solve the issue. Doe provides solutions by suggesting sexual assault crimes be punished with

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sufficient jail time, as well as community outreach, to deter future crimes. Her suggestions seem
reasonable to an audience already convinced of advocating for her justice. By the time she calls
her audience to action, suggesting they lobby for these judicial and social reconstructions, they
are willing to champion her cause.
In evaluating Doe’s choices and application of rhetorical devices, I believe she
effectively employed the narrative paradigm with Cicero’s canons of style and invention,
Aristotle’s ethos and pathos, and Monroe’s motivated sequence. Her successful application of
these devices has created the stir within rape culture and our legal approach to its consequences
that she was aiming to create. By using a narrative approach to convey her message, Doe ensures
her ability to reach multiple audiences. Doe chose to use style and invention to establish
credibility and convince the audience to care for her. Systematic appeals to ethos and pathos
ensured her success in that venture. Due to the effectiveness of these appeals, her audience was
prepared to accept her call to action presented through Monroe’s motivated sequence. The
effective use of these devices inspired Doe’s various audiences to promote the restructuring of
rape culture in America.
The proof of her success is evident in some of the actions being taken by lawmakers who
were moved by her narrative and effective rhetorical appeals. Santa Clara County District
Attorney Jeff Rosen said, “I am so pleased that the victim's powerful and true statements about
the devastation of campus sexual assault are being heard across our nation. She has given voice
to thousands of sexual assault survivors” (Office of the District Attorney, 2016). Rosen
exemplifies how effectively Doe’s message was received. Rosen is one of the individuals in
power included in Doe’s target audience, meaning that she was able to successfully reach him
through her choice of narrative. His statement also indicates that he felt her message was

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“powerful” due to the emotional appeals in her style and “true” due to her establishment of
credibility through invention. Rosen is also an example of an audience member convinced of
Doe’s application of Monroe’s motivated sequence. Rosen was inspired to take action,
sponsoring Assembly Bill 2888 (2016) in response to the insufficient sentencing Turner
ultimately received. Rosen states that, “AB 2888 will close a loophole in current law that allows
judges to impulsively sentence perpetrators of sexual assault to little or no jail time” by adding
additional offenses that automatically deny probation, which is what happened in Turner’s case.
Rosen even cites Turner’s case in the background section of the bill, stating that his “sentence
has been justifiably criticized by many as shockingly lenient, given the horrific nature of the
crime” (AB 2888, 2016). Doe succeeded at effectively using her chosen rhetorical devices,
inspiring law makers to create a change to the judicial treatment of these crimes.
Although effective, I challenge the ethics in which Doe applied invention and ethos to
gain credibility with the audience. Ironically, Doe chose to act unethically in an application of a
rhetorical device that is designed to demonstrate her integrity. A 2015 study published in the
Journal of Criminal Justice identified that “victim credibility was considered the most critical
factor in decisions to arrest and present cases to prosecutors” (Journal of Criminal Justice, 2015).
Due to the unfortunate existence of false rape accusations, victim credibility is an especially
sensitive component of sexual assault cases. In place of choosing to provide examples of her own
trustworthiness, Doe chose to instead demonstrate Turner’s lack of trustworthiness, thereby
awarding herself credibility in comparison. Doe responded to Turner’s statement that he ran
away in fear by arguing that she believes he ran out of guilt. This was a personal inference made
by Doe, without confirmation of its accuracy by Turner. Due to Doe’s previous, effective appeals
to emotion, the audience is hearing this statement with established compassion for Doe. This

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enhances Doe’s ability to effectively demonize Turner, incentivizing the audience to award her
the credibility by default.
If Doe is to ensure that she receives widespread support through establishing her
credibility, she must craft her rhetorical devices with integrity. Doe failed to mention specific
examples that demonstrate her own trustworthiness. This would have been a more effective
strategy in ethically applying invention and ethos to her message. This would also allow the
audience to judge for themselves whether to deem her worthy of credibility. Instead, Doe chose
to oppose an emotionally biased audience against Turner by offering her own interpretation of
his statement. It is possible that her effective emotional appeals had occupied the audience
enough to enable her to circumvent the need to demonstrate her own credibility. The audience
had become so focused on their outrage and skepticism of Turner that they neglected to notice
Doe’s tactics. Although mildly unethical, Doe’s skillfully crafted message warranted enough
attention to make waves throughout the fabric of our country.
Doe’s motivation for constructing this letter goes beyond convincing a specific
courtroom of prosecuting Brock Turner. Doe effectively reached all of her targeted audiences
and then some, as evidenced in the viral impact her letter had online. Doe chose to use Fisher’s
narrative paradigm in describing her own experience to illustrate how sexual assault cases are
insufficiently litigated in America. By convincing a nationwide audience to support her through
applying Aristotle’s ethos and pathos to Cicero’s canons of style and invention, Doe effectively
inspired them to become outraged at the general treatment of these cases. Her approach to
rousing the audience to take action through Monroe’s motivated sequence has even begun its
journey through Congress with AB 2888. Although effective with each of these rhetorical
devices, Doe could have been more successful had she chosen to ethically demonstrate her own

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credibility. Nevertheless, she has broadened the reach of the issue of sexual assault, making it a
more accessible topic for those groups who might not otherwise have been exposed to the issue.
As America continues to evolve its approach to rape culture, Doe has ensured her story into the
lexicon of the conversation on rape.

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