Willful testimonial injustice as a form of epistemic injustice

In the debate on epistemic injustice, it is generally assumed that testimonial injustice as one form of epistemic injustice cannot be committed (fully) deliberately or intentionally because it involves unconscious identity prejudices. Drawing on the case of sexual violence against refugees in European refugee camps, this paper argues that there is a form of testimonial injustice—willful testimonial injustice—that is deliberate. To do so, the paper argues (a) that the hearer intentionally utilizes negative identity prejudices for a particular purpose and (b) that the hearer is aware of the fact that the intentionally used prejudices are in fact prejudices. Furthermore, the paper shows how testimonial injustice relates to recognition failures both in terms of a causal as well as a constitutive claim. In fact, introducing willful testimonial injustice can support the constitutive claim of such a relation that has so far received little attention. Besides arguing for a novel form of testimonial injustice and contributing to the recent debate on the relation between epistemic injustice and recognition failures, this paper is also motivated by the attempt to draw attention to the inhumane conditions for refugees at the border of Europe as well as elsewhere.