The #MeToo Movement is a movement against the sexual abuse of women and of course some men. Tarana Burke, featured in WA Today https://www.watoday.com.au/politics/federal/metoo-founder-says-australia-s-defamation-laws-silence-victims-20191022-p532zg.html started the #MeToo Movement.
The #MeToo Movement has given strength to people to speak out about sexual abuse they have suffered. It goes without saying, however, that the reporting, investigation and bringing of criminal charges for unlawful conduct by properly and lawfully established authorities must follow well established legal principles.
The relevant legal principles are found in the criminal justice process, which demands that a complaint and subsequent investigation must be conducted on an evidential-factual basis free of bias or personal opinion. This ensures that the legal rights of the victim and alleged offender are protected.
When asked about recent complaints against two well-know US identities, Ms Burke replied: ” … she “absolutely” believes allegations of …….assault made against President Donald Trump and US Supreme Court Justice Brett Kavanagh.” The obvious danger is that if people were to simply believe what someone says another person did to them then that person could be convicted for reasons other than the fact that an assault actually took place.
Given the subject matter for the #MeToo Movement, it is easy for people in disgust to ignore the facts and proceed to find guilt simply on a belief that the victim is telling the truth – fertile grounds for a miscarriage of justice and does nothing for the innocent and the real victims of sexual abuse.
