Dale, principal of Dale Law Professional Corporation, says a correction is needed to combat an overzealous media, that has, in her view crossed an ethical line in the reporting of unproven allegations against many individuals.
“The way this content is being presented only serves to diminish due process for people caught up in the system as an accused person,” she says, highlighting media personalities’ adoption of hashtags such as #believethevictims.
“By reporting stories in a way that assumes guilt and by continuously having content that equates accusations with statements of fact, you’re doing damage to important concepts such as the presumption of innocence,” Dale says.
Dale emphasizes her comments are in no way meant to “disparage those who have been victimized, whether or not their claims have been proven in a court of law.
“Anyone with allegations should be listened to, but that doesn’t have to equate to automatically believing everything they say without some form of testing,” she adds. “When it comes to the consequences of a criminal conviction, due process still stands, and is key to the prevention of wrongful convictions.”
“The media have not yet found a spokesperson to deliver the message in a diplomatic and sensitive way that accused people deserve fair trials and guilt should not be assumed,” she says.
In the meantime, Dale says the balance could be redressed by greater focus on “rare but horrifying” cases of false accusations, such as the recent prison sentence handed to a New York woman for filing a fake rape report against two football players, or the fan who falsely accused a member of her favourite band of rape.
“The message shouldn’t be that all claims are made up, but they are a reminder of why we need to hold onto that Blackstone principle that it’s better to let 10 guilty people go free than to lock up one innocent person,” Dale says. “Without protecting accused persons, there’s a serious risk of wrongful imprisonment.”
Originally published in the Advocate Daily March 7th, 2019: https://www.advocatedaily.com/profile/laurelly-dale-greater-balance-required-in-metoo-media-reports.html