I loved your piece, fantastic work and such an important conversation. Just adding my two cents, as I see it, the problem is, or one of the million and one problems is- that the legal system (in the UK/ Ireland specifically) operate under the presumption of innocence of the accused. So this puts all of the onus on the accuser (the victim) to prove beyond a reasonable doubt that non consensual sex occurred. Rape, is so unlike any other crime. It is a physical crime but also, in my opinion a spiritual theft, it is abusive and causes untold long term damage. They system just doesn't work when it comes to rape. I don't know what the answer is, but I do know that things need to change. Rape and assaults are so common they are mundane at this point. As you say, the system ain't working.
I think your footnote 7; "The issue of survivor’s time in processing and coming to terms with their assault is not systemic; it’s psychological and emotional." is so spot on I haven't seen someone articulate that before so succinctly.
Yes, the burden of evidence is the same in the US, although defamation 'protections' (and through them, silencing) are stronger in the UK. The burden of evidence and the laws around defamation (slander, libel) are two changes we'd need if the legal systems around the world were to become more effective against rape.
I have a legal background; the reason I choose not to use that in my fight against rape is that I agree with you that the system is largely ineffective. Also, having studied the law, I can see that it's actually designed to protect people already in power, eg., American law (which is built off UK law) around rape is rooted in the idea that women are male property, and their value as property is diminished by rape. It ignores the spiritual and emotional, which you spoke to in your comment.
Thank you so much for reading, and your thoughtful comment.
Oh my gosh that makes so much sense. You know, I didn't even know this until recently having a discussion *ahem with a friend who studied Law.
She broke down to me that without certain boxes being ticked, it's as if a crime hasn't even been committed in the eyes of the Law, that potentially jailing an innocent person is far far worse than securing a conviction.
I was absolutely horrified, which was naive on my part. I mean I knew this... I did...but also, I didn't know how bad it was...still...in 2025?! That the entire system is built on patriarchal rubbish makes me feel so....bloody sad.
In the US, we take into account that 10% of all criminal convictions are false (which, given racism, is...when DNA extortions started, the number of Black men vs white men who were falsely convicted was much, much higher).
Yes, it's near-impossible to get criminal convictions or to be found liable in civil cases for rape. I've advocated on the behalf of over a hundred survivors, litigators won't touch their cases. One, the pay off for the lawyer has to be high enough to take the case (eg., a large corporation, nearly never an individual outside the workplace...but then, those large corps have their own highly specialized legal teams...). So even if you meet the burden of evidence and take the risk of accusations of defamation, there's a host of other difficulties.
I'm working on my next essay about feminism (and why women align with misogyny) right now, which is why I'm on Substack and replying to you so quickly.
i look forward to the 6th footnote - of the legal changes that are needed. i am (trying to) work towards social + public policy along with activism so yes it's a vetted interest. but i recognise that it is genuinely TOO VAST to cover concretely on substack as well.
I'm reading Chanel Miller's memoir right now and have been thinking about this question a lot - not necessarily did #metoo fail but more where is it today? Interesting to consider it through the lens of Andrew Dworkin -- thanks for this!
That's what my piece is about (where it is today, where we go from here) more than answering the question. I met a writer this weekend at a talk about Dworkin's; that was the question I asked her.
I haven't read Miller's memoir, but I've heard the personal stories of over a hundred women through the advocacy work I do. I know why the book is so popular, but I wish that voices that were more representative of the realities of sexual assault were also heard and published.
Wow — I didn’t know about DARVO until reading this. Thank you so much for this researched, clear article!!!
But once you know, it makes so much sense, doesn’t it? And thank you.
I loved your piece, fantastic work and such an important conversation. Just adding my two cents, as I see it, the problem is, or one of the million and one problems is- that the legal system (in the UK/ Ireland specifically) operate under the presumption of innocence of the accused. So this puts all of the onus on the accuser (the victim) to prove beyond a reasonable doubt that non consensual sex occurred. Rape, is so unlike any other crime. It is a physical crime but also, in my opinion a spiritual theft, it is abusive and causes untold long term damage. They system just doesn't work when it comes to rape. I don't know what the answer is, but I do know that things need to change. Rape and assaults are so common they are mundane at this point. As you say, the system ain't working.
I think your footnote 7; "The issue of survivor’s time in processing and coming to terms with their assault is not systemic; it’s psychological and emotional." is so spot on I haven't seen someone articulate that before so succinctly.
Yes, the burden of evidence is the same in the US, although defamation 'protections' (and through them, silencing) are stronger in the UK. The burden of evidence and the laws around defamation (slander, libel) are two changes we'd need if the legal systems around the world were to become more effective against rape.
I have a legal background; the reason I choose not to use that in my fight against rape is that I agree with you that the system is largely ineffective. Also, having studied the law, I can see that it's actually designed to protect people already in power, eg., American law (which is built off UK law) around rape is rooted in the idea that women are male property, and their value as property is diminished by rape. It ignores the spiritual and emotional, which you spoke to in your comment.
Thank you so much for reading, and your thoughtful comment.
Oh my gosh that makes so much sense. You know, I didn't even know this until recently having a discussion *ahem with a friend who studied Law.
She broke down to me that without certain boxes being ticked, it's as if a crime hasn't even been committed in the eyes of the Law, that potentially jailing an innocent person is far far worse than securing a conviction.
I was absolutely horrified, which was naive on my part. I mean I knew this... I did...but also, I didn't know how bad it was...still...in 2025?! That the entire system is built on patriarchal rubbish makes me feel so....bloody sad.
Thanks for all of your work :)
In the US, we take into account that 10% of all criminal convictions are false (which, given racism, is...when DNA extortions started, the number of Black men vs white men who were falsely convicted was much, much higher).
Yes, it's near-impossible to get criminal convictions or to be found liable in civil cases for rape. I've advocated on the behalf of over a hundred survivors, litigators won't touch their cases. One, the pay off for the lawyer has to be high enough to take the case (eg., a large corporation, nearly never an individual outside the workplace...but then, those large corps have their own highly specialized legal teams...). So even if you meet the burden of evidence and take the risk of accusations of defamation, there's a host of other difficulties.
I'm working on my next essay about feminism (and why women align with misogyny) right now, which is why I'm on Substack and replying to you so quickly.
And thank you also!
The odds are stacked against us in so many ways, it's maddening.
I know everyone is talking about it but that new show Adolescence is *fascinating*. You might find it interesting.
I look forward to reading your next piece.
Thank you! I hadn't heard of the show (I don't own a tv/don't watch shows).
i look forward to the 6th footnote - of the legal changes that are needed. i am (trying to) work towards social + public policy along with activism so yes it's a vetted interest. but i recognise that it is genuinely TOO VAST to cover concretely on substack as well.
Too vast, and not in line with this Substack :)
I'm reading Chanel Miller's memoir right now and have been thinking about this question a lot - not necessarily did #metoo fail but more where is it today? Interesting to consider it through the lens of Andrew Dworkin -- thanks for this!
That's what my piece is about (where it is today, where we go from here) more than answering the question. I met a writer this weekend at a talk about Dworkin's; that was the question I asked her.
I haven't read Miller's memoir, but I've heard the personal stories of over a hundred women through the advocacy work I do. I know why the book is so popular, but I wish that voices that were more representative of the realities of sexual assault were also heard and published.