How Our Broken Justice System Led to a Sexual Harassment Crisis

UNITED STATES
New Republic

November 22, 2017

By David Dayen

A series of powerful men have been accused of serious crimes, with little legal accountability. Sound familiar?

Amid the latest wave of sexual harassment allegations, you might conclude, with some relief, that predators are finally being held accountable for long-repressed abuse. But while several men have lost their jobs, there’s been little accountability in a legal sense. Several cases reported in the media—from Harvey Weinstein to Kevin Spacey to Russell Simmons—would constitute crimes if proven, but thus far there haven’t been any indictments. In Weinstein’s case there have been reports of criminal investigations, but in general the #MeToo movement has played out in the press and on social media.

This makes many uncomfortable. Each story has its own particulars, but they all inspire demands for the same conclusion: effectively, banishment from the public square. Bill Maher warned against lumping in Al Franken’s alleged groping with Roy Moore’s alleged stalking of minors. The mantra to “believe women” bumps up against questionable accusations, such as assault allegations against Senator Richard Blumenthal that were made by what appears to be a Twitter bot. Social media doesn’t make allowances for legal concepts like the presumption of innocence, and it can justifiably lead to fears of mob rule or partisan exploitation.

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