The Justice System Runs On Testimonial, ‘He-Said She-Said’ Evidence
by Michele Sharpe
What makes a “he said/she said situation” different from any other dispute between witnesses? In a word: Nothing.
Explainers everywhere are working overtime to preserve patriarchal values. One popular strategy that continues to crop up states that, “rape is different from other crimes because it’s a ‘he said/she said’ situation.” This faulty line of reasoning reveals three things: an assumption that in disputes between men and women, men must be given the benefit of the doubt; an assumption that all rapists are men and all victims women; and glaring ignorance about how the U.S. justice system actually operates.
The justice system runs on testimonial evidence, which is exactly what “he said/she said” is. What makes a “he said/she said situation” different from any other dispute between witnesses? In a word: Nothing.
Whether it’s a small claims case between neighbors over dog poop, or a death penalty case of murder in the first degree, witnesses will give testimony, and each side’s testimony will usually oppose the other side’s testimony. If everyone agreed, there would be no reason to be in court to begin with.
