Dear Men, Shut Up About ‘Due Process’ Already

From sea to shining sea, on social media pages nationwide, brave men are taking up cudgels on behalf of their brothers-in-sex-and-gender, the ones whose lives are facing ruination because of this country’s #MeToo moment, as accusation after accusation of sexual harassment and assault issue forth from women who’ve previously remained silent. In each case, their defense takes an exceedingly simple form: it is to insist on ‘due process,’ to assert that every ‘accused’ has a ‘presumption to innocence,’ that they are ‘innocent until proven guilty,’ that they fear this business of identifying the men who harass and assault in impunity is all too likely to morph into that most dreaded of social epidemics: the witch hunt. Cease and desist, they say; let us wait till ‘the facts are in,’ till a ‘trial’ has taken place and ‘guilt’ has been conclusively established.

There are several–deliberate, I suspect–confusions at play here. Most prominently, this kind of response confuses the standards for a criminal conviction by the state in a court of law with the usual evidentiary standards that underwrite our usual social judgments of misbehavior. A courtroom furnishes one epistemic context; it addresses the imbalance of power that exists between the state and the accused, and puts the burden on the state to prove its point. This standard of proof is relaxed in civil cases, which only require a ‘preponderance of the evidence’ and do not require guilt to be established ‘beyond a reasonable doubt.’ Our day-to-day social encounters furnish yet other epistemic contexts; within them, we are, on a daily basis, subjected to ‘evidence’ of varying  levels of reliability, submitted by sources whom we trust to varying degrees; we act on the basis of these sorts of claims, assessing them using our socially acquired and developed skills of evidence evaluation; we often act on the basis of incomplete or only partially verified evidentiary claims; indeed, we have to, for stasis and inaction are not options more often than not. That is, we do not sit around, waiting for the standards of a criminal court to be satisfied before we act; social ends, desirable ones, have to be met.

Critical legal studies scholars have, for a long time now, identified one dishonorable ideological function that the law and its institutions–among which is legal language–play in our society: the establishment of a kind of ‘rationality’–the legal kind, which ostensibly aspires to the value-free, fact-laden-and-dependent kind of reasoning followed in the sciences–which can then be used to discredit other kinds of reasoning. The invocation of deployment of criminal law’s standards of evidence and its methodology for determining ‘guilt’ in social contexts outside of courtrooms is a good example of this kind of ideological maneuver. This invocation is particularly problematic when it is realized that courtroom deliberations themselves are anything but value-and-bias-free; determinations of guilt in courtrooms are as socially and politically riven as those that take place elsewhere; it is just that legal decisions lay claim to a presumption of having cleansed themselves of prejudice thanks to their supposed circumscription by ‘legal method.’

This particular technique of obfuscation has a long and dishonorable history–and it looks likely to continue for the established future. After all, maintaining this confusion is necessary for the maintenance of established power relations and for the continuance of bad behavior by serial offenders.

Anita Hill, Harvey Weinstein, And National Amnesia

In October 1991, I, along with millions of other curious viewers, watched the Senate nomination hearings for the Supreme Court nominee, Clarence Thomas. My curiosity, like that of many others, had been piqued by the presence of Thomas’ former assistant, Anita Hill, who had accused him of sexual harassment at her workplace. On the second day of her testimony, I was joined in my viewing by my girlfriend; we worked together at AT&T’s Bell Laboratories in New Jersey–she as a technical writer, I as a systems analyst. As we watched the hearings, my girlfriend grew increasingly animated–she commented time and again on Hill’s ‘bravery,’ her ‘courage,’ on how difficult it must have been for her to speak up. She spoke too, of the many incidents of harassment–major and minor–she herself had suffered at her workplace; she told me how all around her, women were talking–to each other, and to anyone, men included, who would listen–about how Anita Hill was giving voice to a complaint all too often ignored. And indeed, over the next few days, in newspapers, on talk shows, in usenet newsgroups, you could hear women talking about how Anita Hill’s testimony had blown the lid off the modern workplace’s biggest and most enduring scandal: the daily rituals of intimidation, humiliation, harassment that women had to undergo within its precincts. All around me, everyone agreed: this was a national ‘conversation’ we needed to be having; the world was not going to be the same again after these kinds of ‘revelations’; boyfriends and husbands were listening. (On the night Thomas’ confirmation was received, I was at my girlfriend’s house. When we heard the final 52-48 vote to confirm, she kicked the bed in disgust and anger; no one would listen to women; despite all that Hill had said, despite her transparent sincerity, the usual fog of obfuscation and denial–and in Thomas’ case, an astonishing self-pitying rant–had derailed her claims.)

It is now 2017, some twenty-six years on. The years have rolled on, much has changed, but yet more endures. We have been assured, thanks to La Affaire Harvey Weinstein and the #MeToo campaign, that we are at a national watershed moment when it comes to the problem of sexual harassment, that we now have unprecedented awareness about the problems that women face in the workplace–and elsewhere–when it comes to the business of being able to simply maintain some kinds of boundaries around themselves and their bodies. Back in 1991, in my workplace, there had been many employee seminars for ‘sensitivity training’ and the like–all to increase workplace awareness about the problem of sexual harassment. The men hadn’t liked it then; the current evidence seems to suggest all those seminars, at workplaces nationwide, had little effect–the Weinstein scandal is merely the most publicized of the many sexual harassment ‘scandals’ since. There is reason for pessimism again: the #MeToo campaign is already old hat, and business is returning to normal all too soon.

We’ve been here before; we might yet find ourselves at these crossroads again. Our memories are all too fragile, all too easily effaced.

#MeToo Shows Sexual Harassment And Abuse Is A Feature, Not A Bug

The Facebook status is simple:

Me too. If all the people who have been sexually harassed or assaulted wrote “Me too” as a status, we might give people a sense of the magnitude of the problem. Please copy/paste, if you’re comfortable doing so.

And effective: it has produced a deluge of “Me too” statuses. The vast majority are produced by women–with varying levels of detail–though some men have also spoken up about their experiences of sexual harassment or assault (mostly by other men.) The ubiquity of this status is appalling and shocking and revealing. And the news isn’t good. As long as we have a society founded on patriarchy and sexism and a constructed masculinity where one gender (or sex) is set up as the ideal, the other is well, othered, where the superior gender is granted seemingly indiscriminate power while the inferior one is rendered comparatively powerless, where social arrangements and understandings turn sex into an ideological instrument for bodily and social control, which treats one gender’s sexuality as a sacrament and another’s as a sin, sexual assault and harassment will remain societal features not bugs. The current state of affairs–a population made up of those who have experienced sexual assault and harassment–is an eventuality foretold.

A masculinity grounded in violence and sexual superiority–in prowess, capacity, ability, virtue–is an integral part of such a system. Men must acquire masculinity or show that they already possess it by acts of violence or sexuality; it is no surprise that male icons and role models–historic and present–embody some form of violent domination or an exaggerated sexuality. (The current president of the United States rose to power on the basis of campaign that featured extensive bragging about how violent he could be if the opportunity arose, the length of his penis, and the unbridled assault he was fond of launching on unsuspecting women.) Notches on a belt can indicate both kills and sexual conquests. Male sexual virtue is matter of performance and power; female sexual virtue is grounded in reticence and inaccessibility, in zealously protecting ‘the goods.’ Assertions of will to exert sexual control now appear virtuous within this schema: the male must, if ‘necessary’, override the assertion of will by the ‘inferior gender’ and assert his sexuality, the dominant and superior one, at its expense. If violence be a tool in this ‘conquest,’ then so be it. (Of course, as many women have pointed out, sexual assault and harassment is not about sex, it is about power and domination, of the forceful imposition of a will over someone whose desires and rights are not worthy of consideration in the calculus of masculinity.)

Men do not seem to realize that patriarchy does not work for them either; the notions of masculinity it imposes on them cripples their relationships, drives them into dead-ends of despair at their failures to conform, and of course, to commit acts of violence against each other. ‘Pussies’ and ‘faggots’ and ‘wimps who can’t get laid’ know this only too well. One way in which they can redeem themselves is to turn their inward directed self-disgust elsewhere. Perhaps at children, at women, at other men.