MeToo survivors must learn best way to make cases public
Bringing a sexual assault case to court has taught me that MeToo must change course to have real impact. Survivors can’t just air allegations on social media, they must go to police, writes Sarah Monahan.
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I was torn when #MeToo started.
Part of me was hopeful that this could actually be a meaningful start to change. A way for victims to speak up and start a cultural revolution. People could find their voices, stand together in solidarity, and teach people that not only have so many of us been through some form of abuse, but that if we were loud and vocal about it, that abusers might think twice before creating another victim.
The cynical part of me could see that it was going to be manipulated by those in power, and it wouldn’t be long before it was twisted and abused itself. Instead of creating a group of survivors and warriors, it created more “victims” and it also created a new divide between men and women. Even though men make up a large number of victims, many were shut out, or told not to jump in on the bandwagon.
A large number of actresses around the world who have genuinely experienced power imbalances spoke up, and then there was some who simply saw it as a cause du jour, and who used it to further their own self interests, or for some good publicity, but didn’t seem like they really cared about it outside a talking point on camera.
Going through my own accusations and subsequent case all those years before #MeToo, and given that it took four years from initial accusation to court case, people might be surprised to know that I’m actually not a fan of accusing someone loudly in the media, and not going to the police first. I strongly believe that if you’re willing to tell a journalist, you need to be willing to speak to a detective.
When I did that first Woman’s Day article, we had agreed that Robert wouldn’t be named. I didn’t want my case to be about me and him. It wasn’t a pity party for one. I had wanted to let parents know that if they put their kids in the industry, that they needed to be there. They needed to be careful, because this is what can happen. I knew not only from my own experience, but I had heard it from plenty of other kids who had gone through it.
I actually wasn’t the first person to name Robert. After the Woman’s Day interview, A Current Affair got involved, and their lawyers were also very careful not to name Robert. Even though I had several witnesses, and people who I had told, we were all very worried about defamation, and being sued. Australia has really strong defamation laws that favour the reputations of public figures over freedom of speech. In the US the defamation laws favour freedom of speech over the reputations of public figures.
After I spoke up, several other women came forward, as well as dozens of people from Channel 7 who had knowledge of the abuse. One wardrobe assist sent in that polaroid photo of me sitting on Robert’s lap, with his hand where it shouldn’t be.
ACA interviewed some of the other girls Robert had abused, and one of them was actually the first to name him on air. Meanwhile, I was still in the US, asking when I was going to come to Australia to make a police statement. I knew it had now gotten to the point where I had to make a statement. Thankfully Australia has no statute of limitations on child abuse, so not only could I press charges and try to get justice for myself and the multitude of other girls, but it would also be a smart move legally to protect me from a defamation case.
Once a police statement was made, all the rules changed. As a child victim of abuse, the media was no longer allowed to use my name unless I gave them specific permission. Being a police investigation, it was no longer defamation or slander. It was still dicey, but there was some level of protection.
In the current #MeToo climate, people are screaming to the world what happened to them, but they’re not backing it up with going to the police.
This is problematic for several reasons. Most importantly, if you genuinely feel that you’ve been wronged then you should be pissed off enough to also want some actual justice and see that person charged.
If you think you’re not the only one, you should be helping out your fellow man/woman and getting that person off the streets. You should be willing to say “this isn’t OK, and I think you should pay for it” — and not with just dollars. Announcing it in the media should be a last resort, saved for when you’ve tried the legal route, and couldn’t get anywhere. The media was helpful in my case, because it brought all the other victims forward — 18 of us, plus all the other witnesses. We were all willing to speak to the police, and go to court if necessary. It worked for us.
So many women this last year have also found their power in numbers. Only one woman went to court against Bill Cosby, but several of the other women got to speak up too. We all know Weinstein has probably hundreds of women he assaulted, and he’s is being investigated by the police, in several locations and countries.
Several men in the US have threatened legal cases against their accusers, hoping to shut down more coming forward.
Men in the US might be briefly out of work, but for the most part, they’re getting back to work just fine. Some of the victims who had been shunned by directors and producers are finally getting work again, but many of those who spoke up before #metoo still aren’t. (That’s a whole other thread)
The laws are also different in the US, and people in Australia need to understand that before following the Americans blindly in this “global movement”.
Without making any comment on cases currently before the courts, it’s important to note that in Australia a person accused of inappropriate behaviour can actually make money out of their predicament. They have the potential to make millions by launching defamation actions. Their victims conversely do not stand to make any money by taking their allegations public. Maybe those accused deserve that money. Maybe they have been falsely accused. Or maybe the laws in Australia are set up to protect powerful wealthy men, and don’t give a lot of protection to victims.
Which doesn’t mean victims shouldn’t speak up. They absolutely should, and we need to teach everyone that it’s OK to speak up, and they should feel empowered to do so, but we also need to teach people how to do it properly. How to do it the right way, so that they don’t become double victims. We don’t want them sexually abused and then financially abused. You don’t want to speak up trying to do the right thing, and end up losing your house in a future defamation suit.
You also don’t want to end up being the one out of work. Sure, the guy you accuse might not work for a minute, but you might end up not working again either.
So before you speak up on Twitter, or Facebook, or to a journalist, gather your facts. Write down everything that happened to you. Ask your friends to write down what they remember. Then talk to the police. See if it’s still within the statute of limitations. Make a statement. There may or may not be enough to press charges, but you’ve done the important part of going to the police.
Then, if it doesn’t go anywhere, and you think they could be hurting others, then it’s time to name and shame publicly.
If you’re not willing to speak to the police about that person, then you can still be a part of #MeToo, and say that you were abused, but don’t publicly name them. You can say your industry, or what happened, but not the name. It sucks, but in Australia, you’re still going to be the one who pays the price.
It’s irritating to me that after eight years, people still can’t speak up without being slapped down again, but I’m hopeful that one day it’ll change. One day people will be able to seek justice, and still be able to work. We’re not there yet. I know I still can’t get a job in the industry in Australia, But it’s infuriating that not only are we not there yet, but that the people accused are able to profit off it.
We need to educate people and change laws. We need more balance. We need to make it so that if a victim can’t get millions from being abused, the accused can’t get millions either.
It should be about justice, not dollars, for both sides.
Sarah Monahan is an actor and author of Allegedly.
If you have experienced sexual assault, help is available.
You can report it to police in your state, and for 24-hour support call the national hotline 1800RESPECT on 1800 737 732.
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