There are very few places of real ambiguity where newspaper writers feel consistently capable of making a definitive judgment. One of them is in whether or not someone is a criminal. They have a very simple formula. If someone has been convicted but not accused, then they have “allegedly” done the deed in question. If someone has been convicted, however, they’re a criminal, and they pretty much did it. They can do this not because the justice system is perfect, but because it’s the best heuristic we have on this question — and, frequently, a very good one in absolute terms.
Of course justice is an adversarial process and so if you were to ask most law enforcement officers whether they were in the business of finding out who was guilty or putting the guilty away, odds are good they’d say the latter. But the initial process of seeking out evidence, and then the deliberative process of the trial, are all about discovering whether or not someone did something criminal. They’re not about ruining lives for no reason, and they’re not about the power of the victim over the accused. There’s simply no more reasonable way to deal with the accusation of one citizen against another than the trial process, and if it takes some time, that’s just because we want to do it right.
This is all by way of endorsing a post at Feministe by Marcella Chester on the importance of complete, rigorous — and therefore often time-consuming — investigations of rape cases. She writes:
Yesterday at my home blog, Abyss2hope, I blogged about a rape case where the woman who was originally viewed as the victim was charged after forensic evidence indicated self-inflicted wounds rather than a stranger assault as she claimed. Today I read about a new case where another woman who reported rape faces similar charges as reported by the Pocono Record. This charge resulted from another type of contradictory evidence. A verified alibi.
… Not surprisingly, this case has already been highlighted by several anti-feminists who see the case as supporting their pet theory about lying women.
What these anti-feminists don’t want to acknowledge is that the collection of evidence which cleared the accused man in this case is a direct result of the very thing these people are attacking. The full and competent investigation of all rape reports.
I don’t want to downplay the very real price that the falsely accused can pay for their bad luck. Of course there are some circles where being accused of rape is practically a badge of honor, merely another piece of evidence that women are all lying whores out to get we poor, poor men. But in decent places it’s often difficult to take the presumption of innocence seriously, and I’ve seen circumstances even recently where so much as admitting “A girl once falsely accused me of rape, but it was settled” is seen as tantamount to saying “I raped a woman, and I’ll do it again soon.” It really can destroy a life, though it doesn’t do so nearly as often as some will tell you.
But that’s the price we pay for a competent, reasonable, and fair justice system. Just as human beings can destroy each other physically, they can use the apparatus of the state to destroy each other’s reputations. That’s unfortunate, but it’s far better than simply ignoring or intimidating women when they come forward with an accusation. We could do better as a society at remembering that the justice system is a way of knowing — but we could also do better at remembering why it’s essential that it be allowed to do that work in the first place.
There was only one part of the post that I didn’t find especially persuasive, and it’s this last bit:
Too many people make what happened to Easterling’s ex (false claim of rape) equivalent to what happened to Lewis’s estranged wife (assault, kidnapping, rape).
I don’t agree — which results in my being labeled by some people as irrational or hateful.
Now I don’t like to talk about this, but let’s make something clear. I’ve had an extremely traumatic experience involving rape — one that still makes my chest hurt and my stomach boil every time I think about it. There’s a man in prison right now because of it, and I can’t exaggerate how grateful I am of that fact. I’m sure, among other things, that it saved the life of someone I care for deeply. So I take this very seriously. And I have no sympathy for the perpetrators and much for the victims.
But if I understand what Chester is getting at here, I’m not entirely sure I can get behind it. On the one hand, obviously accusing someone of rape falsely is not nearly as bad as actual rape, assault, kidnapping, etc. But to rhetorically minimize it strikes me as a rather large and unnecessary mistake. If we can agree that rape accusations should always be fully investigated, we should also be able to agree that false accusations are firmly in the category of “Things that should never happen,” just like violence and rape itself. To minimize the importance and the harm of a false accusation on the implicit basis of its unreality as speech is to ignore the dimension of action — or rather, to forget that it’s not only a sound someone makes but a speech act. In other words, because it’s an action that can destroy lives, it’s an absolutely awful thing to do and there is truly no reason to defend those who do it, even if they are somewhat preferable to rapists. Even from a strictly feminist perspective, it should be easy to agree that women who make false accusations of rape are hurting society by giving anti-feminist assholes ammo for their arguments that rape is often a lie.
I should also note that fear of false accusations is a very real thing among men. I was actually trained in my former job as a childcare provider to avoid situations wherein I was alone with children specifically because, as a man, I had good reason to fear accusations of rape. Of course that’s often not an option in childcare and as such I was frequently conscious of taking that risk. I have some faith in the justice system to exonerate me of any such charges, of course, but that faith is not absolute. Fundamentally, this is another demonstration of how the understanding that men have a weapon between their legs is damaging to both women and men.