Here is a young woman in a popular holiday destination for those with a limited budget - I'm not going to assume that she's working class, but I'm certain the journalists will have done. She having fun, she's drinking, she's apparently being sexual on her own terms. Someone filmed it and the whole thing went viral - oops. Enter the tabloids with their guidebook to acceptable women's behaviour and pronounce her unclean, apparently we've found a "new low" ... It's not long before social media is calling her "actual vermin" and a "repulsive slag". I failed to find anyone (other than feminists) criticising the men in any way, the woman in question has had her name and photo all over the internet today; where are the men?
If Blackstone's Formulation is based on the principle that the state should not cause undue or mistaken harm then we need to seriously consider the harm to victims of rape and sexual assault who are subjected to an horrendous ordeal and then tragically failed by a system which allows them to be discredited and humiliated in the name of justice and all too often their courage in coming forward turns out to be in vain.
During my years in Bosnia, both during the war and afterwards I heard and saw evidence of horrific stories of mass rape and sexual violence committed during the war. Thousands of women and children suffered terrible abuse and the physical and mental scars could stay with survivors for the rest of their lives. Years later, sexual violence still remains entrenched in conflict zones around the world and children are often the most vulnerable. Children suffering in conflicts are growing up in a world where they face the daily threat of rape and abuse and sexual violence is considered the 'norm'.
Rightly of wrongly, in the endless dance we call flirting, the man is often the proactive agent. So, he is far more likely to act in an unwanted manner if he miss-reads or miss-interprets the body language / situation. If every time a mislead sexual advance is rebuffed, we call it harassment, then men start to feel victimised.
We live in a society whereby sexual assault is belittled, rationalised and even condoned. The manner in which women dress is constantly quoted as a stimulus to rape. Nevertheless, victims are judged on the basis of illustration; as if a finer shade of eye-liner, lipstick or foundation could have possibly made a greater disparity...
There is in my view an increasing argument to allow the accused to remain anonymous just like their accusers, at least until after they have been found guilty or cleared of wrongdoing. There is also an increasing case that says the internet must be policed and offenders who are deliberate spreading lies brought to book.