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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Trial by media circus

644 replies

Maatandosiris · 17/09/2023 09:42

The first thing to say is anyone who has committed rape absolutely needs to be brought to justice. The criminal
justice system needs to become more effective in protecting all victims of crime.

However, AIBU unreasonable to think that this weekends story about RB has been sinister for many other reasons, none of which are to do with RB.

Firstly the SM posts whipping people into a frenzy of some big reveal like some secret album release. Clues planted through various carefully placed posts, giving just enough detail to let people work things out (plus making people suggest other names) . It was an absolute circus, in the case of rape it turned accusations of serious crime into entertainment, no thought how anyone would be affected, whether ultimately guilty or innocent (maybe c4/The Times were trying to get new stories). Extremely bad taste at one end of the spectrum, devastating for innocent people at the other.

The ultimate agenda of both The Sunday Times and C4 is to make money. That’s it, neither is set up as the states arm of justice. There’s no inbuilt checks and balances. Yet somehow they are allowed to name an individual, accuse them of crimes (and effectively say they are guilty) without any of the safeguards and checks and balances of the criminal justice system applying.

People have lost all sense of justice. We have a man accused of something, an hour and a half of heavily hyped TV which holds some accusations but mainly a character assassination, The Sunday Times probably selling many more copies/getting many more subscribers with more of the sane one sided accusations.

Even on Mumsnet we have people already calling him a Rapist, people feeding into the frenzy of “he’s a creep”, “he’s a sex pest” etc etc. in other words, convicting him in their minds before this has gone anywhere near a court or jury.

How will this ever now be a fair trial? How will they find a jury who can 100% not have their views affected by this whole circus? If he is guilty will there ever be a safe conviction, how can we be confident that real justice has been done? What’s the risk of any conviction being overturned? This is not in the interests of either the alleged victim or the alleged perpetrator.

Questions are circulating all over SM as to the agendas at play. It’s fairly clear that the Sunday Times has been searching out victims. What were they saying to these people? What promises have been made?

if a crime has been committed this should be with the criminal justice system not Saturday night prime time TV with an associated heavy advertising campaign.

Im not sure whether RB is guilty or innocent, but that’s not what this post is about. AIBU to think that the way this witch hunt (which is what it is regardless of whether RB sinks or floats) is abhorrent and flies in the face of justice and that this has far wider and scarier implications for society than just this case. Who or what is next?

OP posts:
Thread gallery
9
CorylusAgain · 18/09/2023 12:35

At the very least it would have been more appropriate to whistle blow to the police rather than a journalist

Yep. I'd let Wayne Couzens and his pals investigate.

Iamnotastick · 18/09/2023 12:36

I saw on twitter someone who sat on a jury on a SA case, that had 45 minutes of audio of him threatening to assault, him saying he was doing it, and then him saying he had done it, and she was still the only juror who wanted to convict.

OhmygodDont · 18/09/2023 12:38

Id be shocked if he was innocent tbh. I mean his whole persona was sexual and hate towards women let’s face it. Isn’t it here on

Mumsnet the whole if it walks like a duck and quacks like a duck, it’s probably a duck.
When he tells you who he is, listen….
This dudes more than a walking red flag he leaves trails of flags everywhere.

KP had a good escape when he dumped her.

Iwasafool · 18/09/2023 12:38

Puzzledandpissedoff · 18/09/2023 12:31

If we accept that tangible evidence is an impossibility in the majority of cases then we are faced with a choice - do we find a way to evidence or do we essentially deny that these crimes ever take place?

That's the crux of this isn't it? Though we don't have to deny the crimes occurred - we can simply say they're not proven, which isn't the same thing at all

If there really isn't any objective evidence it seems to me the only alternative would be to convict purely on the accuser's say-so, and it doesn't take much imagination to see where that could lead

It is difficult isn't it, particularly when the alleged rapist is a friend/former friend/partner/former partner. It does make it hard for an outsider to be sure what has actually happened.

I honestly don't know what the answer would be that was fair to all parties.

I suppose the issue with not proven is that it does damage the alleged rapist who might be totally innocent. Seems like a Judgement of Solomon situation and I honestly wouldn't like to be on the jury.

Cornettoninja · 18/09/2023 12:39

That's the crux of this isn't it? Though we don't have to deny the crimes occurred - we can simply say they're not proven, which isn't the same thing at all

@Puzzledandpissedoff legally speaking no but practically it is. For not proven to have any impact it still requires society to cast judgement in much the same way so called ‘media circuses’ do. It’s basically the legal system saying ‘tough call - you decide for yourselves’.

Iwasafool · 18/09/2023 12:39

Iamnotastick · 18/09/2023 12:36

I saw on twitter someone who sat on a jury on a SA case, that had 45 minutes of audio of him threatening to assault, him saying he was doing it, and then him saying he had done it, and she was still the only juror who wanted to convict.

Oh I take it back, I could cope with being on the jury for that one.

Maatandosiris · 18/09/2023 12:39

CorylusAgain · 18/09/2023 12:30

Your entire premise is that the alleged victims should have gone to the police and let justice take its course.

You don't agree that the documentary should have been broadcast as it has generated further media discussion and jeopardised Brand's access to a fair trial.

That's shutting down legitimate sharing of information. Shutting down the ability of the vulnerable to access even a tiny proportion of support that a multimillionaire, social media 'guru' has at his fingertips. They never even started out with the hope of a fair path to justice.

Brand can sue anyone he thinks has libeled him. But you are not happy with that. You don't want that discussion to take place at all.

Yes o do believe that the victims should have gone to the police if they wanted to raise a complaint which they wanted to be investigated.

No I don’t think that the documentary should have been aired prior to the conclusion of any trial.

if you are interested in power imbalances, let’s look at entire corporations with access to millions on millions of viewers and listeners vs one man (with a few million in the bank). That’s not fair either. That’s why all of this should have gone through the criminal justice system

OP posts:
Cornettoninja · 18/09/2023 12:42

Iamnotastick · 18/09/2023 12:36

I saw on twitter someone who sat on a jury on a SA case, that had 45 minutes of audio of him threatening to assault, him saying he was doing it, and then him saying he had done it, and she was still the only juror who wanted to convict.

Because ‘reasonable doubt’ isn’t a concept that your average juror copes well with. Even with hard evidence.

I can almost hear a juror piping up ‘what if it was just bravado/fantasy - we don’t know he actually did it’. And they’re right, that’s reasonable doubt. Not likely doubt but reasonable.

CorylusAgain · 18/09/2023 12:45

Maatandosiris · 18/09/2023 12:39

Yes o do believe that the victims should have gone to the police if they wanted to raise a complaint which they wanted to be investigated.

No I don’t think that the documentary should have been aired prior to the conclusion of any trial.

if you are interested in power imbalances, let’s look at entire corporations with access to millions on millions of viewers and listeners vs one man (with a few million in the bank). That’s not fair either. That’s why all of this should have gone through the criminal justice system

So you acknowledge that you don't care about the power imbalance of the alleged victims vs the alleged perpetrator which adversely affects the alleged victims' likelihood of ever even getting to trial.

But you do care about the imbalance of power when it affects the alleged perpetrator.

I have no words

Cornettoninja · 18/09/2023 12:46

Yes o do believe that the victims should have gone to the police if they wanted to raise a complaint which they wanted to be investigated

you understand that if they’d done that and the case had followed statistics (which it would of given Brand’s access to lawyers) and fallen at the first hurdle, we ‘d never of even heard from them and the failure of the case to progress would have been used as evidence to attack them further legally? Their accounts would never have been tied together with others and no pattern of behaviour identified?

IClaudine · 18/09/2023 12:48

if you are interested in power imbalances, let’s look at entire corporations with access to millions on millions of viewers and listeners vs one man (with a few million in the bank)

So let's say I accept your assertion about the power imbalance between RB and the media. Why would those corporations want to bring down such a man? Why do you think would they bother?

WarriorN · 18/09/2023 12:48

The bbc is not privately owned.

Which is why defund the bbc is folly.

And probably why Alice chose to talk to WH about the bbc car

Bingbangbongbash · 18/09/2023 12:48

Maatandosiris · 18/09/2023 12:39

Yes o do believe that the victims should have gone to the police if they wanted to raise a complaint which they wanted to be investigated.

No I don’t think that the documentary should have been aired prior to the conclusion of any trial.

if you are interested in power imbalances, let’s look at entire corporations with access to millions on millions of viewers and listeners vs one man (with a few million in the bank). That’s not fair either. That’s why all of this should have gone through the criminal justice system

He has access to many millions of followers - many more than most terrestrial TV shows will get.

Leaving the alleged illegal acts aside, what about the ‘fluff’ as a PP called it. The testimonies of his former colleagues and paramours detailing disrespectful, sleazy encounters. They are not accusing him of illegal acts, but they paint a pretty disturbing picture of his personality. Should we be allowed to hear their voices? Or is it unfair to poor ickle Brandy wandy? I mean, they gave him plenty of screentime, too. Lots of his own words talking about choking women with his cock until they cry. Lots of him directly sexually objectifying his colleagues. He said, she said.

So even in the extremely unlikely event the rape and SA allegations are made up, the doc has merit for highlighting what an odious fucking pervert he is.

notmetodayagain · 18/09/2023 12:56

The Sunday Times and C4 seem like very unlikely bedfellows. Why on earth would they collaborate on this?

As OP says, the media does not exist to give justice to victims, it exists to make money for its shareholders or protect itself.

Puzzledandpissedoff · 18/09/2023 12:59

For not proven to have any impact it still requires society to cast judgement in much the same way so called ‘media circuses’ do. It’s basically the legal system saying ‘tough call - you decide for yourselves’

That's absolutely true, Cornettoninja, though for all its faults at least "not proven" is an outcome which doesn't mean someone being convicted unjustly, and neither does it involve saying we don't believe the accuser

It's very far from ideal, but I'm not sure any of the current alternatives are any better - though working to combat m isogyny in all its forms certainly would be

Maatandosiris · 18/09/2023 13:03

Bingbangbongbash · 18/09/2023 12:32

Martin Bashir won’t have had to dot or cross anything because he will have just come to the execs with ‘she’s agreed to do an interview’. That’s not to say the content of his programme won’t have been scrutinised by lawyers - I’m too young to remember it, so I don’t know if it was just her interview or if there was voice over / inserts, but if there were, they all would have been checked.

As for social media being the new church - I have never heard that, ever, and I certainly don’t buy it.

What you seem to be doing is conflating traditional media with social media. That’s a very silly thing to do.

One is subject to regulation from the government through legislation, as well as professional standards and ethics from an independent body called Ofcom. The other is a Wild West of cult leaders and their fools that has no accountability to anyone.

I believe that the claims in the documentary and article(s) have been checked to a very high standard and are true, whether or not they reach a courtroom.

And I applaud the victims, journalists and broadcasters that have brought the ‘open secret’ to a wider audience.

It is entirely in the public interest to expose predators and creeps - and I hope that the public scrutiny will force the police to investigate the allegations. Of course, they cannot investigate the alleged rape of the woman in LA, but perhaps any legal action here will spur on their counterparts across the pond.

“What you seem to be doing is conflating traditional media with social media. That’s a very silly thing to do. “ this is not what I am doing at all. I would like you to provide evidence of where I have done that.

Martin Bashir used lies and falsified information to coerce someone to give an interview - what guarantees do we have this hasn’t occurred again?

” I believe that the claims in the documentary and article(s) have been checked to a very high standard and are true, whether or not they reach a courtroom. “ Tbf it doesn’t matter what you believe or not. What is important is the whether a court of law has decided whether RB is guilty or not. What high standards have they been checked to? How can I verify this? Who had set these standards? Who had verified whether these rules have been followed. Are they adequate to protect the accused?

Most importantly who has checked the accusations to ensure they are true. My understanding is that in the UK the only mechanism by which we can decide if criminal accusations are true or not is through the court system. You’ve really just proved my point.

OP posts:
Cornettoninja · 18/09/2023 13:05

Tbf it doesn’t matter what you believe or not

@Maatandosiris if that’s true why is anything you’re arguing of any importance?

Iwasafool · 18/09/2023 13:07

Cornettoninja · 18/09/2023 12:42

Because ‘reasonable doubt’ isn’t a concept that your average juror copes well with. Even with hard evidence.

I can almost hear a juror piping up ‘what if it was just bravado/fantasy - we don’t know he actually did it’. And they’re right, that’s reasonable doubt. Not likely doubt but reasonable.

Juries are swayed by all sorts. Not unusual for the police involved to barely recognise the accused in court, he's had a haircut, he's even had a wash, his mum has bought him a nice suit and she's ironed his shirt. He suddenly looks like a model citizen and people are influenced by appearances. Maybe the jury system has had its day.

Puzzledandpissedoff · 18/09/2023 13:12

Martin Bashir used lies and falsified information to coerce someone to give an interview - what guarantees do we have this hasn’t occurred again?

TBH I'd be utterly amazed if it hadn't happened again, but then I was media trained and know very well the deceit too many use to secure what they want

Apart from personal experience, I recall too well an interview with some media sleaze who explained the industry phrase "Make it work" ... in other words do whatever you have to, but just produce the story

Drfosters · 18/09/2023 13:15

Iwasafool · 18/09/2023 13:07

Juries are swayed by all sorts. Not unusual for the police involved to barely recognise the accused in court, he's had a haircut, he's even had a wash, his mum has bought him a nice suit and she's ironed his shirt. He suddenly looks like a model citizen and people are influenced by appearances. Maybe the jury system has had its day.

That is not my experience at all. We all know people present differently at court. It is for the prosecution to present a case beyond all reasonable doubt. If not can’t the jury will not convict. It is a failing on the prosecution if someone guilty is not convicted. Even if it were judge only they would have to follow the same principles.

Cornettoninja · 18/09/2023 13:16

It's very far from ideal, but I'm not sure any of the current alternatives are any better - though working to combat m isogyny in all its forms certainly would be

which I believe is what the RB reports are doing. Even RB isn’t attempting to minimise the claims, he’s outright called them what they are - egregious and aggressive. For anyone paying attention to his career this is a direct contradiction to how he has presented similar (if not identical) sexual situations in the past.

Progress of sorts maybe? It’s not like we’re subject to ‘boys will be boys and these women were sluts who loved it’, he’s at least recognised that the content of the accusations is horrific if not accepting any culpability.

I have a lot of issues with the media (particularly the control and influence one walking corpse seems to have) but I do have faith in lots of journalists whose motivations are to provide quality information where it’s otherwise held back. Even the nuttier conspiracy led ones - I’m happy that they float or sink on the quality of their own reporting. I don’t think it was this thread but there’s a reason that tyrannical regimes target journalists - I don’t entirely trust anyone trying to tell me that all media = automatically bad.

greenhydrangea · 18/09/2023 13:18

Most importantly who has checked the accusations to ensure they are true.

Four years of investigation. Legal clearance. And Rusty's lawyers have looked them over prior to publication. I would say they have been thoroughly examined and reviewed by both sides.

Bingbangbongbash · 18/09/2023 13:18

notmetodayagain · 18/09/2023 12:56

The Sunday Times and C4 seem like very unlikely bedfellows. Why on earth would they collaborate on this?

As OP says, the media does not exist to give justice to victims, it exists to make money for its shareholders or protect itself.

This is a terrible overview of the media.

It also exists to inform, educate, highlight, expose and offer a voice to the voiceless. There are countless examples throughout history of investigations and campaigns that have uncovered wrongs and helped to change laws.

It's not perfect, but neither is it a homogenous group hellbent on holding up the status quo for the 1%. And there are some excellent journalists within the organisations - just as there are some total pricks (but they seem to end up on GB News and You Tube).

Thebestwaytoscareatory · 18/09/2023 13:18

Iwasafool · 18/09/2023 12:38

It is difficult isn't it, particularly when the alleged rapist is a friend/former friend/partner/former partner. It does make it hard for an outsider to be sure what has actually happened.

I honestly don't know what the answer would be that was fair to all parties.

I suppose the issue with not proven is that it does damage the alleged rapist who might be totally innocent. Seems like a Judgement of Solomon situation and I honestly wouldn't like to be on the jury.

I guess it comes down to the old "is it better to let a hundred guilty men walk free than one innocent man suffer" question doesn't it?

We know that men rape and assault on an industrial scale and that while not all men do so, almost all that do commit those crimes are men.

We know that as things stand the justice system doesn't work in cases of SA and rape.

We also know that on occasion women make false allegations but, we know that this is a rare occurance at best, and that it's not a sex specific issue.

So do you keep the status quo and let men continue to rape and assault your daughters, sisters, mothers, and friends with little fear of facing justice or do you change the way you tackle the issue?

greenhydrangea · 18/09/2023 13:20

Maatandosiris · 18/09/2023 12:20

Well, I have been specifically commenting on the criminal justice system not civil law.

Here is wiki on "The rule of law".

The rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders.[2][3] The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a political situation, not to any specific legal rule.[4][5][6] The rule of law is defined in the Encyclopedia Britannica as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power."[7]

It doesn't seem to me to be particularly relevant to this discussion.