Groundswell
It’s hard to believe that it’s only been a month, but it’s true: the current groundswell of sexual abuse accusations began in early October with a certain Mr. Harvey Weinstein (see my previous post “Have No Shame”, 10/8/17). Since then it seems that half of Hollywood, the music industry, the government and even the sports world have been implicated in various forms of sexual abuse, much of it long hidden. In response to all of this, I find myself with mixed feelings. Why so?
Well, in my mind, there is no doubt that the behavior that’s alleged in many of the recent cases is sordid and reprehensible. Some of the activities of Mr. Weinstein, for example, are nothing short of disgusting. And the same applies to many others. No woman (or man, for that matter) should ever have to feel the humiliation and the degradation that many of the victims, I am sure, have experienced. No one should have to endure the psychological trauma, and, sometimes, the physical trauma that many have suffered. And no one’s career should ever be ransomed for sexual “favors” in a quid pro quo. Such abuse has no place in a civilized society. And it’s not just a “feminist” issue. No upstanding man would ever want such abuse aimed at his daughters, wives or friends. So the recent explosion of sexual abuse accusations is well and good, and LONG overdue. But there is one aspect of this phenomenon that is troubling.
What I’m troubled about is the response algorithm that seems to have spontaneously taken shape:
accusation->publicity->immediate sanctions. In many cases someone comes forward with an accusation and the media issues a clarion call and society immediately responds with one type of sanction or another. The accused are forced to resign their positions. Contracts are voided. Associations are dissolved. Memberships are rescinded. And ALL of this may happen WITHOUT DUE PROCESS.
Consider, for a moment, what’s to stop someone with a grievance of some sort from seeking revenge via a false accusation? Perhaps it’s an aspiring actor or actress that didn’t get the role they wanted. Or perhaps it’s someone who feels they’ve been treated unfairly. Suppose it’s someone looking to make some money in the settlement of a fallacious law suit. Or perhaps it’s someone that disagrees with someone else’s politics. And of course, there is the possibility that an affair that actually was consensual at the time it occurred, seems less so in the harsh light of day or has become more and more regrettable in light of subsequent events.
In short, there are MANY reasons that people might might fabricate an accusation, and such a fabrication may have severe consequences for the man involved. And, even in cases of multiple accusers, it’s possible that that the the claims as presented are not completely accurate, with additional women joining the bandwagon for one or more of the motives listed above, especially the “morning after regrets” variety.
Accordingly, the accused should have the opportunity to defend himself and should have access to some type of due process. While it is true that in cases of a civil suit, a man may be exonerated by the legal process which critically examines the accuser’s credibility and motives, the process is very often a slow one, so that even if the accused eventually “wins” the case, his career and even his life may lie in ruins.
Among the possible solutions to this problem would be reforming our judiciary to set up a rapid adjudication process specifically designed to expedite such cases, coupled with a more measured approach in how society responds to accusations of this type. Exceptions would, of course, be made for situations (such as childhood sexual abuse) in which a victim may remain at risk. But in the majority of cases, society should temper its response while the judicial process does its work. Even in the court of public opinion, a person should be innocent until proven guilty. Not the other way around.