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I am, I think, mostly in agreement. That is, I think that they both abused one another, and that there are serious First Amendment considerations about the idea that she can be found liable for what she posted.

That aside, I think she lost the case the moment that recording was played where she was saying that, paraphrased, ~"yeah I abused you but if you try and say that no one will (be smart enough to) believe you." That is pure reputational poison. In order to find her innocent now, the jury have to be the contemptible pawn in her testimony. People, regardless of the law, don't work that way.

To the internet at large, they are both terrible to one another, but that's hardly the worse sin. (Oh no, he/she hits millionaires. For shame.) The reason the public relations battle became a route was that she was terrible to Player One, the observer, and that's the only sin we still punish harshly.

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As someone who survived father-daughter rape as a child - and who was not believed, and subsequently ostracized from my family - I can't stand the slogan "Believe Women".

I also can't stand the pro choice slogan "Trust Women".

Why should anyone be believed or trusted without evidence?

I don't "Trust Women" anymore than I "Trust Men" but I still fully support the right to abortion in the first trimester of pregnancy (and on a case by case basis after that - which means of course that I am a Right Wing Handmaid).

We should not trust or believe anyone without good reason.

That's why I think it's so important to make it easier for victims of sexual and domestic violence to prosecute their abusers in a court of law (where due process is required) and to get predators locked up for substantial periods of time. If victims don't want to prosecute for themselves, then they should at least try to prosecute to protect other potential victims (yes, women are strong adults and capable of acknowledging a responsibility to protect their community).

As for colleges handling rape cases, that is pure bullshit.

Rape is a CRIME.

College administrators are in zero position to prosecute crimes.

If a college wants to help victims of sexual violence on their campus they can have an advocacy office that helps victims report rape to the police and assists them through that process.

Rape should only be tried in a court of law; allowing school admin to try rape cases not only trivializes rape, it also makes it easier for a person to lie about being a victim. If the accused is only facing expulsion, you don't have to be a complete sociopath to lie.

We need to straighten out the Criminal Justice System by providing more advocacy and support for victims of sexual and domestic violence so that sexual predators & domestic abusers are locked up in prison where they belong.

Instead of promoting inane slogans like "Believe Women" and "Trust Women" how about we start taking sexual and domestic violence seriously and work to make sure that predators are locked up where they belong.

When we allow predators to go free, the whole world turns into a prison for vulnerable people, especially for children.

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I agree completely, and have blogged on the same issue, which I wrote at the time Joe Biden was accused of sexual assault. http://ramcduffwhatever.blogspot.com/2020/05/on-believe-women.html Unfortunately, Biden learned nothing from that episode and supports the return in Title IX to the Obama-era rules which were deeply unfair to the accused (male or female) and were rightly changed under the Trump administration. It is the only thing that the Trump administration did that I approved of. If you are unaware of the Title IX issue, google and read "The Sex Bureaucracy" by Harvard law professors Jacob Gersen and Jeannie Suk, who show how the good intentions of the "Dear Colleague" letter of 2011 went completely awry.

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I wonder how different the issue of who to believe would be if there wasn’t always a trial capturing vast media and public attention. I get why people follow trials, but it always strikes me on some level as bad for society when there’s a trial making headlines for weeks or months on end.

Whether it’s the Depp/Heard trial and its implications for MeToo, the OJ trial and its implications for race relations, or any other trial that touches on a contentious issue, I worry about the power of the court of public opinion, and the media’s role in shaping its verdict.

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