Jewish World Review June 10, 2004 / 21 Sivan 5764

Wendy McElroy

Wendy McElroy
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How to form an informed opinion | How do you distinguish a credible accusation from a false one? That question is constantly in the news.

It was raised recently by reports on Bridget Marks, the ex-Playboy model who lost custody of her twin daughters because she coached them to testify that their estranged father was a child molester. A false accusation naturally raises the level of skepticism with which we view anyone who claims victimhood. But the public's increasing tendency to routinely dismiss the claims of alleged victims can be a cruel way for public opinion to approach heartbreaking stories of abuse.

For decades, our culture has been accused of celebrating and rewarding "victims," inspiring a  "cult of victimhood" that demanded little evidence before extending sympathy. Today, the benefit of the doubt in public opinion as well as in the legal system seems to be shifting away from the victim and toward the accused. According to reported findings of the June 4 American Journal of Public Health, for example, family courts in Massachusetts are already minimizing the relevance of domestic abuse accusations in cases of child custody because such accusations are now commonly viewed as "a tactic in divorce litigation."

The accused deserves a legal presumption of innocence, and courts properly decide every case on the details of its merits. The average person, however, doesn't have the court's luxury of time and access to information in order to reach a judgment. Fortunately, some common sense guidelines can be applied to the flood of news stories about alleged victims. The guidelines don't prove guilt or innocence but they can help people decide for themselves whether to extend the benefit of doubt to the  accuser or to the accused.

1. Is the alleged victim seeking simple justice, or are there potential benefits far over and above justice being sought? The benefits could include money (beyond reasonable compensation), child custody, revenge, media attention, or political leverage.

In Michael Jackson's criminal case for alleged child molestation, for example, any subsequent action in civil court might result in a huge financial settlement. Accusations should be assessed in the shadow of such possible benefits.

2. Is the accusation supported by political organizations that use the exposure to argue for a specific position?

Consider the 2001 case of Andrea Yates, the Texas mother who confessed to murdering her five young children. During her trial, the Texas branch of the National Organization for Women (NOW) campaigned vigorously to influence the court on Yates' behalf, declaring her to be a victim as well. The national NOW used Yates to promote a particular theory of the prevalence and impact of postpartum depression, a theory that remains medically controversial.

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Whenever it is necessary to push through politics or medical controversy to get to the facts, skepticism should increase.

3. Are the accusations directed at individuals or at a category of people?

Accusations of rape were recently lodged against nine athletes who attend the University of Colorado at Boulder. The accusations quickly became a podium from which all athletes at CU-- and athletes in general-- were accused of having a "sense of entitlement toward women." Kathy Redmond, founder of the National Coalition Against Violent Athletes, became popular on the media circuit.

Remember: categories do not commit crimes; individuals do. Be suspicious of cases in which the accused individual is being convicted in public opinion because of the category to which he or she belongs.

4. Are the authorities proceeding with prosecution? In the University of Colorado case, the attorney general declined to file criminal charges against any of the accused, basing his decision partly on DNA evidence. Whenever authorities refuse to prosecute, you should suspect that the evidence supporting the accusation is shaky. This is especially true of high-profile cases in which such a refusal will be closely examined and criticized.

5. What do non-involved legal authorities say? Don't listen to the representatives of a defendant or an accuser. They are trying their case in the court of public opinion. Listen instead to nonpartisan legal authorities and, if those sources strongly disagree, you should conclude that the case is far from clear.

6. Do those who raise questions about a case receive ad hominems in return? In the Kobe Bryant rape trial, his legal team has argued for the admission of limited sexual history, which allegedly proves that the accuser had sexual relations with another man shortly after Bryant. If true, such evidence bears directly on the credibility of physical evidence being used to prove rape.

Those who agree with the admission of such evidence are sometimes accused of trying to return  to the 1950's when rape victims were eviscerated on the basis of "past history." When an argument that is not absurd elicits insults, it is time to wonder whether no better response is possible.

Cameras have moved into courtrooms; the line between trials and press conferences is blurring. But, at their root, court trials should be about justice, not entertainment or politics. Like it or not, your opinion of court cases has become part of the process of justice. The preceding guidelines may allow you to make a judgment based more on facts and less on rhetoric.

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JWR contributor Wendy McElroy is the editor of She also edited Freedom, Feminism, and the State (Independent Institute, 1999) and Sexual Correctness: The Gender Feminist Attack on Women (McFarland, 1996). She lives with her husband in Canada. Comment by clicking here.


05/13/04: Do fraternities deserve their bad reputations?
04/30/04: Facts or propaganda? Deconstructing advocacy
03/26/04: Reading between the numbers
03/11/04: When ‘mother’ is a bureaucracy
03/04/04: Do Gun Control Activists Pad Gun Death Statistics?
02/26/04: The Separation of School and State
01/21/04: A Man's (and Woman's) Home Is a Castle
12/17/04: The Conservative Cookie Rebellion
11/26/03: Zero Patience for Zero Tolerance
10/22/03: Killing the Good Samaritan
10/08/03: Collective western guilt burdens today's children
10/01/03: Families pay price for government spending
09/24/03: Do Poor Fathers Deserve Debtors' Prison?
08/29/03: Going to extremes
08/23/03: The Marriage Strike
07/30/03: University Students Deserve Human Rights
07/09/03: The PCspeak of Diversity
07/02/03: Rebuttable presumption of joint custody
06/18/03: A Conscientious Objector to the Gender War
06/04/03: Gender issues impacted by masculinists
05/28/03: The value of error
05/21/03: U.S. to Fund Gender Feminism in Africa?
05/14/03: Cut men: Do they not bleed?
05/07/03: Women with guns fight back
04/30/03: No oil for food
04/28/03: The Great Lie
04/16/03: War may redefine gun control
04/09/03: Why we must discuss a post-war U.S.
04/02/03: Leftist feminists using war as podium
03/26/03: Laying down 'the white woman's burden'
03/19/03: Iraq War may kill feminism as we know it
03/13/03: A woman to replace Saddam
02/19/03: Elder abuse demands family solutions
02/13/03: Iraqi women brutalized by Saddam
01/29/03: There ought not to be a law
01/22/03: Gambling with race and gender cards
01/02/03: The future of fatherhood
12/26/02: U.N. complicit in forced sterilizations
12/20/02: Compassion, kindness killed by fear, paranoia
12/11/02: Affirmative action insults immigrant contributions
12/04/02: Stand up for yourself
11/27/02: Feminist fighting: Aren't we all women?
11/20/02: Rights & responsibilities
11/14/02: Feminist "urban legends"
11/06/02: Equal access does not guarantee equal outcome
10/24/02: Battered Women's Syndrome: Science or sham?
10/17/02: I demand a civil society that respects the individual and acknowledges the existence of honest disagreement between human beings of good will
10/09/02: Abortion debate is about to be ratcheted up yet again
10/02/02: 'Restorative justice' offers battered women more options
09/25/02: Why is prez promising to embrace UN radical social engineering programs?
09/18/02: Dirty dealings kill men's panel
09/11/02: Taking back your power
09/05/02: Calm down, Hootie!
08/21/02: Will Congress empower a group of radical feminists to oversee money slated for Afghan women?
08/14/02: Empower the U.N. with power to sculpt American laws and institutions into the image of gender feminism!?
08/01/02: Practicing 'intellectual virtue'
07/24/02: All male, bad. All female, good: Your tax dollars at work
07/11/02: Put Up or Shut Up
07/03/02: NOW they've done it, again!
06/19/02: A dark cloud shades U.N. Women's Treaty
06/10/02: This Father's Day, send justice
05/31/02: When good women do nothing
05/28/02: Feminists claiming motherhood as liberal cause
05/20/02: Wounds in health care system are self-inflicted: Or, why "my son the lawyer" makes more sense
05/10/02: Are parents boycotting public schools?
05/03/02: Women can't be gun-shy about defense
04/25/02: The Bill of Intellectual Rights
04/19/02: World Bank or World Government?: The World Bank is blackmailing impoverished nations
04/12/02: Victims From Birth: Engineering Defects in Helpless Children Crosses the Line
04/05/02: The professor made me cry, now I will make him pay!
03/31/02: Doctors and teens --- parents be on guard
03/22/02: I was born, now I'm suing you!
03/15/02: The 21st Century is knocking at the barricaded door of feminism
03/08/02: Fun and games at the Ms mag Bulletin Board
03/01/02: Andrea Yates, NOW, and Feminist Jurisprudence
02/22/02: Lady, Your Slip is Showing
02/14/02: 'Abusing' Valentine's Day
02/11/02: Is NOW Pro-Choice or Pro-Abortion?
02/01/02: Are 'fathers' rights' a factor in male suicide?
01/25/02: Is the U.N. Running Brothels in Bosnia?
01/18/02: 'Freedom' at another's (moral) expense
01/11/02: Feminists hit Ground Zero with WTC funds grab
01/04/02: Males winning "diversity discrimination" cases is good?
12/21/01: Good will toward men
12/14/01: "Boss Tweed" feminism
12/07/01: Call me 'anti-woman'

© 2004, Wendy McElroy