This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
I am a feminist and a therapist who provides care for trauma victims. Healing from a sexual assault is a long and difficult journey. I have also worked with people accused of sexual assault who were later found innocent. They, too, are traumatized, and their healing requires intensive treatment.
Americans deal with the accused and accuser in such different ways. The U.S. Supreme Court established in 1895 that the presumption of innocence for the accused lies at the foundation of our criminal justice system. Innocent until proven guilty is one of our most sacred principles. It is an American right, a human right. Yet, the reporting in our local newspapers and on the internet and television does not resonate with our most cherished values.
As long as I can remember, the media has rightly followed a policy of respecting the anonymity of victims of sex crimes. "It's a matter of sense and sensibility," remarked Bruce Sanford, counsel to the Society of Professional Journalists, when asked why victims of rape are not named by media. There is a concerted effort by the press to protect the victim. In stark contrast, publishing the names of the accused is standard operating procedure.
How do we justify this double standard? The accused is not only identified but the details of the crime are revealed. This biases the public towards a guilty verdict. The press influences our minds long before an investigation has been completed. The media witch hunt confines the accused in the stocks and invites a rush to judgment. Defendants, before guilt or innocence is ascertained, are brought to their knees, humiliated, their families suffering in their wake. We recognize the stigma that can stain the victim but ignore the defendant's rights and reputation.
It is no secret that a legal defense is expensive. In a case already tried in the media, the defendant must have "deep pockets" to overcome the negative publicity and even the legal odds. Those without financial resources, unless defended by civil liberties groups, can only rely on their families to carry the heavy burden.
In the past, the media has acknowledged and taken responsibility for mis-reporting in high profile sexual assault cases. Journalists and their newspapers apologized to the falsely accused member of the Duke University lacrosse team and the defendants in the Central Park jogger incident. Sadly, these apologies came after the damage had been done. The assault on character is not forgotten even if the charges are false or dropped. Compassion demands that we think of the accused and accuser, who may both be victims.
It is time that the media change its policy and stop releasing the names of the accused unless court proceedings end in a guilty verdict. Only the media benefits from lurid journalism. Releasing names before trial shames the innocent on both sides.
Anne Freed Goldberg is a licensed clinical social worker with a private practice in Salt Lake City.