Me Too Movement and its Legal Consequences to Control Sexual Offences & Sexual Harassment

The goal of this article is to assess #MeToo as a social movement with blaming and punishing characteristics, as well as to explore the movement's potential impacts on substantive criminal law and future changes in criminal justice systems. The assessment is based on normative ideas such as wrongdoing and appropriate reactions to wrongdoing, fairness, and justice, which are all derived from criminal law theory. The majority of the #MeToo literature is authored by writers who do not have a legal background. As an informal system of social control and blame, several features of #MeToo mimic governmental punishment: Individuals are held responsible for their previous wrongdoings and are subjected to harsh penalties, including job loss and forced career termination. The argument that follows presupposes that blame and punishment must be founded on a strong understanding of the previous error that warrants a negative reaction. Blame and sanctions can only be morally justified if, first, the facts have been established in a thorough and fair manner; second, the criteria that support the assessment of acts as wrongdoing have been carefully considered; and third, the relative degree of wrongdoing and thus the appropriate amount of blame have been calibrated to arrive at just outcomes. Tarana Burke, a social activist, invented the phrase "me too" in 2006 to encourage solidarity among survivors of sexual assault and harassment. The hashtag's usage by celebrities elevated it from a social movement tool to a cultural event. Alyssa Milano, Reese Witherspoon, Jennifer Lawrenceio, and others asked survivors from all across the world to join them in publicly identifying offenders. The more the severity of the blame and punishment, the greater the focus on problems of fairness and justice. The topic of how #MeToo fared in terms of fairness and justice merits significant academic consideration. The use of principles from the academic discipline of criminal

Whether or whether there is a legal focus on consent without the use of force, the relationship between

Overall, we tracked views on sexual assault (assessing opinions on false complaints and whether reporting assault is aimed at harming men) among a US sample across four waves of measurement: twice before #MeToo was launched (after the US elections and at the Women's March) and twice after it was launched (after the Women's March) (once at the peak of MeToo and once 6-months later).

routinely approached for sexual favours in exchange for performing opportunities. A casting agent sexually attacked one unnamed actress. When she contacted the police about it, they told her that individuals in the film business are free to do anything they want. Actresses who rebuff sexual approaches risk being banned or facing punishment. However, abuse inside India's regional cinema industries is progressively making its way into the public consciousness.

In India, sexual harassment is well-known thanks to the Vishakha judgement, which for the first time took into account the rise in sexual harassment. The POSH Act defines sexual harassment in accordance with the Supreme Court's definition in the Vishaka decision. Sexual harassment, according to the POSH Act, involves inappropriate sexually tinged behaviour, whether directly or indirectly, such as i. physical contact and approaches, ii. demands or requests for sexual favours, iii. making sexually coloured comments, exhibiting pornography, iv. any other unwanted sexually oriented physical, verbal, or nonverbal activity. Sexual harassment is a serious violation of a woman's right to dignity and equality. It stems from patriarchy and the belief that males are superior to women and that some sorts of violence against women are acceptable. One of them is workplace sexual harassment, which regards different types of harassment as innocuous and insignificant. It is sometimes justified as normal masculine behaviour or innocent flirting that women like. Contrary to popular belief, it causes significant damage and is a clear example of workplace sex discrimination. Not only does it violate a woman's basic freedom to practise any profession or carry on any activity, trade, or business under Article 19 (1) (g) of the Indian Constitution, but it also undermines equality and jeopardises employees' dignity and physical and psychological well-being. This results in decreased production as well as a detrimental influence on people's lives and livelihoods. To make matters worse, deep-rooted socio-cultural behavioural patterns that generate a gender hierarchy tend to blame the victim, resulting in increased inequality in the workplace and society as a whole. It is vital to differentiate between distinct constellations in order to analyse #MeToo. Some accounts describe personal experiences with sexual harassment and assault in a pseudonymous manner, that is, without naming specific perpetrators. Others accuse a specific person of doing anything that is illegal or unethical. Some testimony in this first type resemble a criminal complaint in that they provide all pertinent data, including the identity of both the victims and the suspected offenders. The second grouping includes comprehensive stories that contain the name of the accused perpetrator but do not reveal the complainant's identify. The purpose is plainly not to seek legal remedies in these circumstances, but rather to condemn the specified individual for morally incorrect or problematic actions. The complaint made by an anonymous woman against actor and comedian Aziz Ansari on the now-defunct website Babe.net is an example of such a storey. Ansari's behaviour on a date with the unnamed lady is characterised as callous, and he is shown as unconcerned about her distress about his sexual actions.

#MeToo stories are especially useful as a technique of gathering data when they go beyond the simple statement "it happened to me too" and paint more specific depictions of normal abusive conduct in the workplace and other settings. In the case of corruption, an emphasis on patterns and systems rather than a merely moral judgement of individual violations is especially crucial. Power structures facilitate sexual or financial corruption, i.e., the exploitation of positions of power or professional hierarchies to fulfil personal needs. It is necessary to be aware of broad incentives and disincentives in order to establish standards and institutions that will prevent corruptive temptations and practises. Corruption is destructive on numerous levels: to the individual victim because it jeopardises workplace equality and the right to acquire impartial choices, as well as to the collective of people. It is in our common interest for those who act on behalf of the state or run corporations and other organisations to make choices based on norms that promote the public good or the organization's success rather than their own personal whims and wants. Demanding sexual favours is just one kind of corrupt behaviour. Supporters of the #MeToo movement highlight not just the need of learning more about dubious behaviours and patterns of interactions, but also— dubbed "networked feminism," with the use of modern technology lauded as a way to "create networks of feminist solidarity, support, and identification."

When individual occurrences are detailed and the identities of accused wrongdoers are revealed, evaluations of the #MeToo movement become more ambiguous. To begin, let's look at the positive aspects: Informal social complaints regarding identifiable persons' sexual misbehaviour may have a good result. First, #MeToo may serve as a helpful source of information for future victims, comparable to but more effective than conventional "whisper networks" that convey information about the problematic dispositions of employers and coworkers. For people who may be at danger of being victimised in the future, knowing about a certain individual's previous history of sexual harassment or sexual assault is critical. Second, cyberspace might be a critical turning point for a reluctant victim of prior sexual assault to eventually decide to file a complaint by allowing them to share their experiences and obtain emotional support. Third, disseminating information might draw the attention of journalists and others, who will begin to "connect the dots" and demand a formal inquiry. However, if claims are not evaluated and consequences are not selected through a method that is specifically established for this purpose, the evaluation is not as straightforwardly positive. As an unofficial, uncontrolled, and emotionally charged social movement, #MeToo will never be able to replace legal processes. It is to be anticipated that circumstances in which blame and punishments are solely applied via informal channels would exhibit inequity and injustice.

The efficacy of our judicial system and media reactions to the needs of those who have mistreated and those who have been wronged is examined in this section. When it comes to civil justice. After examining the effectiveness of informal justice responses such as public shaming, peacemaking, and media, this part concludes by examining the effectiveness of formal justice responses such as public shaming, peacemaking, and media.

The civil justice system provides a variety of grounds of action in regard to sexual harassment or sexual wrongdoing and subsequent harm, as well as to request that the conduct be prohibited. Tort causes of action for sexual assault in general and sexual harassment in the workplace have been quickly rising, despite the fact that they have long been accessible via the civil justice system. Victims of sexual harassment and assault in the workplace might benefit from civil litigation. In contrast to criminal prosecutions, civil lawsuits enable victims to maintain control over their cases. They have control over the course of the action and whether or not to pursue it as plaintiffs. Victims may also seek a variety of flexible redress, including as injunctions, punitive penalties, and compensatory damages. Civil proceedings have a lower standard of evidence, making it easier for plaintiffs to win in court. Furthermore, the formality and public character of the hearing might assist to publicly validate a victim's testimony. Civil lawsuits may be difficult from a therapeutic standpoint for many of the same reasons. A full 84 percent of survivors reported "some kind of negative emotional consequences, including a sense of loss of control over the process, mental anguish, depression, suicidal tendencies, frustration, anger, and a feeling that the system was not dealing with them in a responsive or personal manner," according to the Canadian study of tort litigants. Although the civil justice system may fulfil the requirements of certain survivors of workplace sexual assault and harassment, it is not intended to address the underlying circumstances and attitudes of those who have committed these wrongs.reg

Outside of the judicial system, the #MeToo movement sparked a backlash. Our nation has witnessed widespread informal public justice reactions, including peacemaking, reconciliation, and media campaigns, in the face of a barrage of specific charges against high-profile persons. The #MeToo movement has resulted in spontaneous peacemaking and healing. Individual stories have surfaced in the media, spurred on by high-profile charges and a groundswell of victims identifying the crimes. "[H]e said he remembered one particular night during which he might have pressured her into engaging in things she wasn't comfortable doing," one online writer said of a friend who received a text message with an apology for how he acted during an intimate moment with her years ago: "[H]e said he remembered one particular night during which he might have

While these measures may succeed in shifting cultural attitudes against sexual misconduct and victim empowerment, they mostly fail to address individual reconciliation and culpability. Individual acts of peacemaking prompted by the #MeToo movement are inspirational and encouraging, but they are sporadic. Furthermore, not all survivors of sexual misconduct want uninvited contact from those who have offended them. If done without facilitation, agreement, and support, the touch might be retraumatizing in and of itself. Take, for example, Donald Trump's remark on the #MeToo movement: "It's a "very dangerous moment for young men in America, when you may be accused of something you're not guilty of." The outpouring of support for Justice Brett Kavanagh reflects the reaction that has erupted in our nation as a result of the #MeToo movement. The #MeToo movement has upended the status quo and forced us to consider and speak about it. However, when the conventional legal system fails, it has failed to create effective pathways for wrongdoers to face and resolve their actions, as well as for survivors to seek retribution and healing.

Though the #MeToo movement originated in the entertainment business, it quickly spread to the political realm, bringing with it a slew of well-known figures. Indian politics has always been a sensation, despite being the world's biggest democracy. Shri. Sushmita Dev, the Mahila Congress's president, believes that the movement should not be politicised any more. She dubbed it a people's movement because she believes it is one of those matters that should not be politicised. She said, "#MeToo is a movement that will not just centre around facts, but it is a terrible truth that people must embrace." She thought that women should be able to speak out about their experiences without fear or shame. She vowed to ensure that laws are fully implemented and that further laws to empower women be introduced. The Indian government's adoption of Shoe-Box is a significant step in its ongoing efforts to promote a safe and equitable working environment for women. Female workers now have another avenue to report workplace sexual harassment as a result of this effort. However, in order to achieve the intended results, the government will need to immediately put in place the necessary infrastructure and resources to oversee this project. sexual harassment in a timely manner without fear of reprisal, the government can also utilise this platform to assist businesses comply with the Anti-Harassment Law by providing required resources. She-Box, for example, might be used as a resource for companies or their ICC if they have any doubts about the procedure to follow after receiving a complaint or how the report should be written. It might also be used as a repository for experienced employees who could act as external members of the employer's ICC in other places.

Despite the fact that #Metoo was just a campaign, it inspired people to oppose abuse. The courts, on the other hand, have been active in giving directives to states to ensure that the Internal Complaints Committee for the organised sector and the Local Complaints Committee for the unorganised sector be constituted by the authorities. However, the real need is to educate women on what constitutes sexual harassment, since they may have been subjected to it but have chosen to ignore it because of the stigma that may be linked to them if they report it. According to a Google Trends report, the globe is presently experiencing a major awakening as a result of the #Metoo campaign, with India ranking first. Nonetheless, a look at #MeToo and public media reactions to the one-in-five number is a good place to start. Addressing the ways in which legal language has the capacity to influence or colour ordinary reactions to sexual assault becomes simpler in the context of a time when these limits are being subjected to regular, focused examination, which is helpful. Efforts to raise awareness, such as #MeToo, may not constitute a watershed moment. However, the durability and resilience of consciousness-raising as a constructive and powerful counterbalance to law's technical and juridical limits has focused attention on these constraints as well as persistent deeply ingrained oppressive patterns, whose pervasiveness necessitates examination. One hopes that this conversation, in whatever shape it takes, will provide tools and ways of discourse that will allow us to address the persistent issue of sexual assault.

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Dean, Faculty of Law, Maharishi Arvind University, Jaipur-302041 (Rajasthan)