The #MeToo Movement + American Jurors = ?

The #MeToo Movement is Here.

• From film mogul Harvey Weinstein to olympic trainer Larry Nassar (just to name a few), the #MeToo Movement has galvanized the issue of sexual harassment and abuse. Over the last year, the #MeToo Movement entered the glitzy world of Hollywood, the locker rooms of professional athletic teams, corporate boardrooms, and political offices. Now, the #MeToo Movement has entered the courtroom. 

An Example of The #MeToo Movement in the Courtroom.

• The Bill Cosby Trial was one of the 1st high-profile sexual assault trials to take place during the #MeToo Era. 
• The unequivocal presence of the #MeToo Movement first appeared during voir dire when the judge asked the potential jurors, "do you have knowledge, have you read or seen anything about the #MeToo Movement or the allegations of sexual misconduct in the entertainment industry?" 
• Of the 120 potential jurors, 119 responded "yes" that he or she had heard of the #MeToo Movement.
• The famous comedian was later found guilty on all counts, sparking the question of did the #MeToo Movement sway the Cosby jury? 

The #MeToo Movement and Jurors.

• A recent national survey was conducted to study how the #MeToo Movement has influenced the way jurors think about and react to sexual harassment claims. Here are some of the results:
• 80% of participants agree that the "me too" movement has helped show that sexual harassment is much more widespread in workplaces than was previously thought. 
• 80% of the jury-eligible respondents believe the "me too" movement shows that too many managers fail to adequately address issues of sexual harassment in the workplace.
• 86% agreed that the "me too" movement has put all employers on notice that they need to change the way they respond to claims of sexual harassment in the workplace. 
• 66% of respondents believe the "me too" movement has made it easier for employees to make false claims of sexual harassment in the workplace.
• 64% believe that the "me too" movement has made it more likely that they would favor a plaintiff in a lawsuit involving claims of sexual harassment. 
• 55% said they would have difficult trusting someone who waited for years before claiming to be a victim of sexual harassment in the workplace.

Will the #MeToo Movement Impact the Jurors' Verdict?

• The question: what effect, if any, will the #MeToo Movement have on jurors' attitudes toward sexual assault?
• The answer: unclear. 
• Academics and experts in the legal field also have differing opinions:
• Expert Deborah Tuerkheimer (a law professor at Northwestern University and a former prosecutor who specialized in domestic violence cases) believes "the ways in which we evaluate the credibility of survivors has shifted in important ways from a default to doubt, to a greater willingness to believe."
• In contrast, expert Melissa M. Gomez (a jury expert and author of the book Jury Trials Outside In) says that "her research showed that the #MeToo Movement has been polarizing, hardening the position of both those who believe the sexual misconduct complaints are not taken seriously enough and those who are skeptical of accusers or think they 'somehow asked for it.'"

Thoughts.

• As academics and researchers begin to study the #MeToo Movement more, it will be interesting to see whether or not the #MeToo Movement has truly changed the legal climate surrounding sexual assault and harassment.