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#MeToo & the role of Outright Belief

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Abstract

In this paper, I provide an account of the wrong that is done to women when everyday people fail to believe allegations of sexual assault made by women. I argue that an everyday person wrongs both the accuser and women causally distant from the accuser when they fail to believe the accuser’s allegation. First, I argue that there are responses that we, as everyday members of society, owe to victims of sexual assault. A condition enabling everyday people to respond in the way owed to victims is that they have an outright belief that the accuser was assaulted. Actively suspending judgement about whether a crime occurred is in tension with the ability to respond to the victim in a way that supports and validates them. When an everyday person fails to have an outright belief in the truth of an allegation, they wrong the accuser because they risk failing to satisfy the conditions enabling them to fulfill their obligation to her. Second, I argue that everyday people wrong women who are causally distant from the accuser because in our social context, women are often treated in particular ways – especially in the sexual domain – because they are women. As a result, when women hear that an everyday person fails to believe a particular allegation, they easily project themselves into the accuser’s position and reasonably worry that if they were to be assaulted, they too would be met with doubt and disbelief by the people in their community.

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Notes

  1. From: https://metoomvmt.org/get-to-know-us/history-inception/.

  2. From: https://www.buzzfeednews.com/article/katiejmbaker/heres-the-powerful-letter-the-stanford-victim-read-to-her-ra.

  3. In Kimberly Ferzan’s 2020 paper, she argues for a way to reconcile #BelieveHer with the presumption of innocence from a legal perspective. Bolinger (2021) and Gardiner (forthcoming) also discuss the epistemic demands of the #MeToo movement. Freedman (2020) argues that #MeToo testimony has epistemic value for survivors and for society. Bianca Crewe and Jonathan Jenkins Ichikawa also discuss this in passing in their (2021) paper “Rape Culture and Epistemology”; Ichikawa also discusses a similar issue in his (2020) paper “Contextual Injustice”. The Fall 2019 APA newsletter on Feminism and Philosophy also has extensive discussion of the #MeToo movement from a philosophical perspective: https://cdn.ymaws.com/www.apaonline.org/resource/collection/D03EBDAB-82D7-4B28-B897-C050FDC1ACB4/FeminismV19n1.pdf.

  4. See Singer 1972.

  5. It might be objected that if providing support is especially burdensome, then on the consequentialist approach, one would no longer have an obligation to provide social support to victims of sexual assault. The objection, however, is misplaced: this is a feature, not a bug, of the view. For example, suppose at work, a group are discussing their colleague’s sexual assault allegation. The majority of the group seems skeptical of the truth of her allegation. I think one component of providing support is that someone has an obligation to stand up for the accuser and validate the truth of her allegation. However, if someone is a junior person, while the rest of the group is more senior, and standing up for the accuser would jeopardize that junior person’s standing in the workplace and possible future employment or promotions, then it would be too much to ask for that person to validate the accuser. The other senior people, on the other hand, do have an obligation to offer support to the accuser because the benefit he could provide her greatly outweighs the cost of standing up to the senior person.

  6. One might point out that our duty not to assault others is a negative duty while our duty to provide social support to victims is a positive duty. Since it is typically thought that negative duties are stronger than positive duties, does this entail that our responsibility to provide social support to victims of sexual assault is weaker than our responsibility not to assault others? I am not convinced that the distinction between negative and positive duties makes much of a difference to my argument here; regardless of whether the obligation to support victims is weaker or equally as strong as the obligation not to assault anyone, it is a duty nonetheless and the failure to fulfill that duty wrongs victims of sexual assault. Thanks to David Boonin for pushing me to address this point.

  7. Personally, I am most sympathetic to the contractarian motivation for the duty we have to provide social support to victims of sexual assault.

  8. This specific terminology is borrowed from Staffel 2018; see also Daniel Greco’s paper (Greco 2017) “Cognitive Mobile Homes” which defends an account of belief with which I work here.

  9. See Staffel 2018 for a more detailed explanation of how beliefs simplify reasoning.

  10. See also Gordon 1987, Owens 2013 and Littlejohn 2017 for further discussion of the relationship between full belief and emotion or blame.

  11. See Miranda Pilipchuk’s article in the APA Newsletter on Feminism and Philosophy “Good Survivor, Bad Survivor: #MeToo and the Moralization of Survivorship” for an interesting argument about how the nature of disclosure in the context of #MeToo has led to an impetus to disclose and a hierarchy among those who chose to disclose compared to those who remain silent. Link in fn 3.

  12. In colloquial discussions, these are often referred to as ‘he said, she said’ cases.

  13. See Tom Dougherty’s The Scope of Consent (forthcoming) for the debate on consent.

  14. I want to briefly draw attention to the fact that, in addition to testimonial evidence in a particular case, we have statistical evidence which tells us that the vast majority of sexual assault allegations are true. Although this is an incredibly difficult number to pin down with precision, studies suggest that anywhere from 2.2 to 6.8% of sexual assault allegations are false or not corroborated. This evidence, along with an allegation in a particular case, seems to justify a high credence in the truth of the allegation (perhaps somewhere at or above cr(p)>0.9), even in the face of conflicting testimony from the accused. And even if we cannot precisify numerically how many sexual assault allegations made by women are false, we do not need a precise number to know that women are, in general, highly reliable sources of testimony regarding their own experiences of sexual assault. Just as we still trust doctors over naturopaths when it comes to our health even though we know that some doctors misdiagnose their patients, we do not need to know that every single allegation of sexual assault by a woman is true to know that women are highly reliable at attesting to their own experiences of sexual assault. So, even when there is conflicting testimony from the accused, the balance of probabilities still strongly favors the truth of the allegation over its falsity. See Deborah Turkheimer’s excellent over of this research “Incredible Women: Sexual Violence and the Credibility Discount”. She discusses the studies that provide evidence of how many allegations of sexual assault by women are false in footnotes 86-100.

  15. If one is sympathetic to the idea of doxastic wronging, then Ben’s failure to believe Caelynn could wrong her even if she never finds out about Ben’s lack of belief. Doxastic wronging is the idea that we can wrong others in virtue of what we believe (or in this case, don’t believe) about them. I am sympathetic to the existence of doxastic wronging, but I do not defend it here. I merely bring it up to acknowledge that this is a position that one could take, insofar as one is convinced that we can wrong others in virtue of what we believe (or fail to believe) about them. See Basu and Schroeder 2019 for a discussion of doxastic wronging. This is an avenue of further research that I believe would be fruitful to pursue in the future.

  16. Although I focus on the social category of “women” in my argument here, the focus of my discussion is merely limited by space constraints. In principle, I see no reason why my arguments here would not extend to the category of ‘sexual assault survivors’ causally distant from the accuser. This group could (and most certainly will) include men, women, nonbinary folks, trans folks, etc. This is an interesting avenue for future research. Thanks to an anonymous referee for asking about this issue.

  17. 1 in 5 women and 1 in 71 men have been raped at some point in their lives. Statistic from “The National Intimate Partner and Sexual Violence Survey (Black et al. 2011): 2010 Summary Report”. See also Muehlenhard et al. 2017 for an assessment of the 1 in 5 statistic; they conclude that this is a reasonably accurate average rate of victimization for college students on campuses.

  18. Adriana Placani argues that being subject to risk can be harmful in the sense that “moral agents are bearers of interests in dignity, and when risk exposures impinge negatively upon these then they too can be wrongful and harmful” (Placani 2017, 88). I suggest that women like Ashley are subject to such dignitary wrongs when everyday people fail to believe Caelynn’s true sexual assault allegation against Jay. That is, Ben’s failure to believe Caelynn makes vivid to women like Ashley the fact that they live in a social context in which their allegation of sexual assault is unlikely to be believed; it is in that sense that she is wronged when she learns that Ben doesn’t believe Caelynn’s allegation against Jay.

  19. Thanks to Renee Jorgensen for suggesting this wonderful analogy.

  20. This is known as testimonial smothering, discussed in Dotson 2011.

  21. Just as with the case above, if one is sympathetic to the existence of doxastic wronging, then Ben could wrong Ashley without her ever finding out about his failure to believe.

  22. Thanks to an anonymous reviewer for pushing me to address this point.

  23. See Fritz and Jackson 2020.

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Lloyd, A. #MeToo & the role of Outright Belief. Ethic Theory Moral Prac 25, 181–197 (2022). https://doi.org/10.1007/s10677-022-10276-x

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