By Wallace Shawn
Gossiping publicly about the private lives of well-known people is one of the most popular forms of licensed sadism that our society indulges in. It's permissible to play roughly with the cardboard figures of these people we don't know, to bully them, humiliate them and treat them in ways we would never think of treating our neighbors or friends. In discussing their lives, our standards of accuracy are pitifully low, our manner is casual, and we openly smile and laugh in response to events that are not at all funny to those involved in them.
I must say that I've always preferred to play these games in the privacy of my own home, and so I've lived to the age of 70 without ever making any public declarations about the lives of famous people. But now I have to say something about Woody Allen, for whom I've worked as an actor many times.
When I was growing up, an allegation of sexual abuse made by a child against an adult would rarely be believed. Now everyone knows that abuse is common, and many more people are prepared to accept a story told by a child. By its very nature, abuse often occurs in a private space, leaving behind no third-party witnesses or useful clues. Consequently, in our legal system, founded on the principles of the presumption of innocence, on the one hand, and the analysis of verifiable facts, on the other, the sexual predator often gets away with his crime. And there is as yet no official, agreed-upon, reliable forum outside of the legal system for analyzing such cases, determining the truth of what happened and administering justice.
That presents an extremely grave social dilemma. But in reading the Internet commentary on the Allen case, I've been amazed to learn that many people see no dilemma at all, as if they had forgotten how terribly difficult truth is to find. A remarkable number of people are writing as if it were a proven fact that Allen is a child molester.
When I was a young man, most Americans believed our legal system was doing the job of apprehending the criminals among us. It was basically assumed that those who deserved it would be caught and punished, so that the people who passed one walking down the street were either not criminals or they were criminals who had already paid a price for their crimes.
Vigilante justice and Mafia executions were seen as in principle completely illegitimate, because those who deserved punishment had already been punished or were about to be. The presumption of innocence was seen as a very reasonable administrative procedure, because those who were presumed innocent had not yet gone through the system that would soon determine whether they actually were innocent or not.
Now, we're all well aware that the streets are swarming with unpunished criminals, many of them very well-dressed in suits and ties, and indeed the unpunished criminals are running the country and gobbling up everything in sight. Obviously, the principle of the "presumption of innocence" can easily seem to be simply one more trick to let the guilty go free. We don't trust the courts to provide justice, so some people don't mind declaring a person guilty without a trial of any kind.