Comment: France must tread carefully in the age of trial by allegation

I am in sympathy with any woman who feels, and claims, she has been abused by a man. 

However, we (society, the law and ordinary people) are engaged in the most delicate of balancing acts: doing our best to give a fair hearing to potential victims – so often ignored in the past – and allowing accused men to defend themselves, all the while trying to minimise the number of miscarriages of justice. 

We must all learn new ways of proceeding

While we chase the perpetrators, we must be very wary of forming our own verdicts on the basis of scant evidence – particularly the word of one party against another. We must certainly not sign up for the summary injustice of the internet.

In the minefield of sexual politics, we must choose our words carefully so as not to add to the many misunderstandings that poison the online world. This is particularly important concerning men we dislike who we might want to wish guilt upon.

When Brigitte Macron was filmed apparently pushing her husband’s face just before the pair left the presidential plane in Hanoi, the video sparked questions and snap judgements around the world. 

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Media speculation

We have no idea of the context, but that did not stop media pundits speculating. Was it a private tiff, or even a joke for which we are lacking the build-up? Do we need to know what happened or is it none of our business?

We should also consider for a moment what we would have made of the interaction had it been the other way around: a man physically pushing a woman.

The temptation for journalists was to rush past these two puzzles in order to make broader points about the behaviour of famous men. 

Herein lies danger. If we are to have a sensible conversation about how men and women should behave towards each other we must be scrupulously fair to both parties.

In this regard, I was struck by some phrases written by Pauline Bock, a French journalist based in Paris, in the Guardian. 

She explained to her British and US readers that Emmanuel Macron has form in undermining the gains of the #MeToo movement.

He has, she wrote, “spoken in support of the French actor Gérard Depardieu, who has recently been found guilty of sexual assault.” 

As further evidence of Macron’s character, she pointed out that “the former interior minister and current justice minister, Gérald Darmanin, who was accused of sexual assault (the case has now been dismissed), has remained in Macron’s cabinet."

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Context and nuance

The problem with these phrases is that they lack context and nuance and are hence misleading. 

Macron did not so much express his “support” for the accused actor as warn people not to pre-empt justice when he was first accused. This was long before the case reached court and the evidence presented. 

What he said was that, while we should respect the sincerity of any woman who makes an accusation of sexual assault, the actor should be presumed innocent until proved otherwise. There are many people who regard Depardieu as an obnoxious character, but that did not automatically make him guilty of any crime. 

As for the second part: what a curious inference to draw. Why shouldn’t a man against whom the charges have been dismissed continue to be in government? 

Again, we must not let our feelings for a man’s politics cause us to lose the very important distinction between being accused and being found guilty. 

If we allow a career to be ruined on the basis of allegations, anyone (including agents of an anti-democratic foreign state) will be able to orchestrate the downfall of any politician at any time, however blameless he or she is. 

Sanctioning blackmail is a quick way to ensure that only the most callous, shameless people flourish and democracy is destroyed.