We’ve heard it all before: “start by believing.” “Believe survivors.” At a recent panel discussion at the Ottawa City Hall, where my wife, Janice Fiamengo, was one of three featured participants, the subject of #MeToo and “Believe All Women” came up during the Q&A. (See 1:35:34 to 1:38:27 of the embedded YouTube video below.) An audience member claimed that it behooved us in most cases to give credence to women bringing forth their stories of sexual abuse. The young woman was skeptical of the court process as a way of resolving issues of sexual violence in women’s favor and contended that we need “non-criminal” forms of restorative justice, some form of “healing or accountability.”
Janice and her co-panelists, authors Paul Nathanson and David Shackleton, quickly put paid to that notion. Non-legal judgments via social media and public shaming could be as onerous and punitive as legal sentencing, turning men who had not been proven guilty into social lepers and bankrupts. The legal system may be flawed, but, as Shackleton remarked, it is the best we have and is theoretically capable of improvement.
In fact, an argument against #MeToo and the concomitant pursuit of non-legal incrimination is often put forward by the subtler variety of feminists, such as Josephine Mathias in the National Post and Bari Weiss in the New York Times, but for a completely different reason. They maintain that false allegations in the public sphere, such as the Duke Lacrosse and Rolling Stone moments, may discredit the “Believe All Women” movement; in the words of Weiss, such fictions “will tear down all accusers as false prophets.” It is not the harm to innocent men that concerns Weiss, but the damage to female credibility. The movement must be maintained.
Here I would indicate that, contrary to the young questioner who distrusted the cumbersome apparatus of the courts, which lead only to “re-victimization,” as well as Shackleton’s faith in a self-corrective justice system, court judgments in our SJW era tend to favor women – and when they don’t, the cry goes up for a quasi-legal system based on the “preponderance of evidence” rather than the “presumption of innocence” model – that is, on whatever narrative the judge or adjudicator tends to believe as more persuasive, evidence be damned. After all, women who lie or collude are only victims too troubled to get their stories straight.