Critical Review of: “She Clearly Thought That Something Bad Had Happened to Her”
This is a Critical Review of the Article: Tosto, S. A., & Bonnes, S. (2022). “She Clearly Thought That Something Bad Had Happened to Her”: How Military Lawyers Construct Narratives of Victim Legitimacy and Perceived Harm in Sexual Assault Cases. Armed Forces & Society.
Introduction and Overview
Tosto and Bonnes’ 2022 article, “She Clearly Thought That Something Bad Had Happened to Her”: How Military Lawyers Construct Narratives of Victim Legitimacy and Perceived Harm in Sexual Assault Cases, has been widely discussed for its exploration of how military lawyers interpret and construct narratives around sexual assault allegations. However, a deeper analysis reveals that the article is heavily influenced by biases that compromise its objectivity and academic rigor.
The authors rely primarily on the perspectives of prosecutors, many of whom possess limited real-world experience, and appear to approach the subject with the assumption that all sexual assault allegations are inherently credible.
This assumption contradicts the fundamental legal principle of “innocent until proven guilty,” which is essential in ensuring fairness and justice within the military legal system.
Moreover, the authors exhibit clear ideological leanings that further skew the article’s narrative. As self-identified feminists with a perceived bias toward women and alleged victims, Tosto and Bonnes appear to prioritize a particular viewpoint that disregards the complexities of sexual assault cases and the potential for false accusations.
This ideological bias, combined with the article’s speculative and anecdotal approach, raises serious concerns about the credibility of the research. Basing decisions on facts and evidence, rather than feelings and assumptions, is crucial in maintaining the integrity of the military justice system, making the biases in this article particularly problematic.
Methodology
In the study by Tosto and Bonnes, the authors interviewed a select group of military lawyers. Specifically, they interviewed 34 military lawyers who were actively involved in handling sexual assault cases within the military justice system. These participants were chosen because of their direct experience with the prosecution and defense of sexual assault cases in the military, and their insights were intended to shed light on how narratives of victim legitimacy and perceived harm are constructed in these cases. The overwhelming majority of people interviewed were Government lawyers or current or former prosecutors.
The study’s focus on military lawyers means that the perspectives gathered are primarily from those working within the military legal system, including prosecutors and defense attorneys. However, the article does not extensively detail the diversity of roles within this group. It does not include perspectives from other key stakeholders, such as victims, judges, or advocates, which could have provided a more balanced view of the issue.
Strengths of the Article
Relevance and Timeliness:
The topic of the article is timely and relevant, as issues surrounding sexual assault in the military are receiving heightened attention. The military justice system’s handling of such cases has been under scrutiny, and the article contributes valuable insights into how military lawyers navigate these complex issues.
Methodological Rigor:
The authors’ methodological approach, particularly the use of qualitative interviews, allows for an in-depth exploration of the attitudes and beliefs of military lawyers. The study’s qualitative nature provides a rich, detailed account of the narratives constructed by these legal professionals, offering a valuable perspective that quantitative studies might overlook.
Insight into Legal Reasoning:
The article explores how military lawyers construct and articulate narratives of victim legitimacy. It sheds light on the factors that influence these narratives, such as cultural and institutional norms within the military, and how these narratives, in turn, impact the outcomes of sexual assault cases.
Theoretical Contribution:
The article contributes to broader legal sociology and criminology discussions by focusing on narrative construction. It provides a theoretical framework for understanding how legal narratives are formed and the role they play in the adjudication process, particularly in cases involving sensitive issues like sexual assault.
Limitations and Criticisms
Lack of Diversity in Perspectives:
One of the study’s key limitations is its focus on the perspectives of military lawyers alone. While this focus is understandable given the study’s objectives, it would have been beneficial to include insights from other stakeholders, such as victims, advocates, or military judges. This could have provided a more comprehensive understanding of how narratives of victim legitimacy are constructed and contested within the military justice system.
Limited Scope of Generalizability:
While rich in detail, the study’s findings may have limited generalizability beyond the specific context of the military. The unique institutional and cultural factors that shape the military justice system may not apply to civilian legal systems, which limits the broader applicability of the study’s conclusions.
Potential Bias in Data Collection:
As with any qualitative study, data collection and interpretation can be potentially biased. The authors’ reliance on interviews with military lawyers means that the findings are shaped by these individuals’ perspectives, which may have their own biases or motivations. While the authors acknowledge this limitation, the study’s design remains a potential weakness.
Ethical Considerations:
The article could have provided a more in-depth discussion of the ethical implications of the narratives constructed by military lawyers. The construction of victim legitimacy narratives has significant consequences for the victims of sexual assault, and a more critical analysis of these ethical dimensions would have strengthened the article.
An Examination of Bias in Tosto and Bonnes’ Article on Military Sexual Assault Cases
This article has garnered attention for exploring how military lawyers perceive and articulate the legitimacy of sexual assault claims. However, a closer examination reveals that the article is heavily biased, which raises significant concerns about the credibility and academic rigor of the research. The biases are evident in the selection of sources, primarily prosecutors with limited real-world experience, and in the authors’ apparent ideological leanings. These factors contribute to a one-sided narrative that undermines the principles of fairness and due process foundational to the military justice system.
Reliance on Biased Prosecutors and Academics
One of the most glaring issues with Tosto and Bonnes’ article is its reliance on the perspectives of prosecutors who may have a vested interest in securing convictions rather than ensuring justice. By the nature of their role, prosecutors are often driven by the need to demonstrate their effectiveness in pursuing cases, which can lead to a bias toward believing accusations without sufficient scrutiny.
The article does not adequately account for this prosecutorial bias; instead, it presents the views of these individuals as if they are objective and neutral. This oversight is particularly problematic because it suggests that the authors may endorse the prosecutors’ potentially skewed perspectives without critical analysis. By prioritizing these voices, the article risks presenting an incomplete and unbalanced view of how sexual assault cases should be approached in the military justice system.
The Assumption That All Allegations Are True
A central flaw in Tosto and Bonnes’ article is the implicit assumption that all allegations of sexual assault are true. This assumption is unfounded and dangerous, undermining the fundamental legal principle of “innocent until proven guilty.”
The article seems to operate under the premise that those who claim to be victims are inherently credible, disregarding the possibility of false accusations or misunderstandings. By failing to consider the potential for false allegations, the authors contribute to a narrative that could unfairly prejudice the accused and erode the fairness of the military justice system.
The importance of maintaining the presumption of innocence cannot be overstated, especially in cases as serious as sexual assault. In the military, where the consequences of a conviction can be career-ending and life-altering, allegations must be thoroughly investigated.
That guilt is established based on evidence, not assumptions or emotions. Rushing to judgment without carefully examining the facts can lead to wrongful convictions and a miscarriage of justice, which is precisely what the military justice system seeks to avoid.
False Allegations of Military Sexual Assault
The study does not adequately consider the possibility of false accusations. The primary focus of the study is on how military lawyers construct narratives of victim legitimacy and perceived harm in sexual assault cases. While the study delves into the narratives formed by these legal professionals, it largely operates under the assumption that the allegations brought forward are credible.
The potential for false accusations is not a central theme in the article nor explored in depth. This omission is a notable limitation, as it disregards the complex reality that not all allegations of sexual assault are necessarily true. By not thoroughly examining the issue of false accusations, the study fails to provide a balanced analysis of how military lawyers navigate the challenges of determining the credibility of sexual assault claims.
This lack of consideration for false accusations contributes to the study’s overall bias. Emphasis is placed on the experiences and perceptions of alleged victims rather than ensuring that justice is served equally for both the accuser and the accused.
Authors’ Ideological Biases
The authors’ apparent ideological leanings further compound the biases in Tosto and Bonnes’ article. Both authors appear to hold left-leaning views and identify as feminists with a strong inclination toward supporting women and those who claim to be victims. Given that the majority of sexual assault victims are women, the authors’ work consistently centers on the dynamics of men victimizing women. This focus is evident in their academic pursuits, which include studying, writing, and teaching gender studies, feminism, and the victimization of women.
While feminism has played a crucial role in advancing gender equality, it is important to recognize that an uncritical feminist perspective can sometimes lead to an overemphasis on believing all accusers without sufficient skepticism. This bias is evident in the article’s lack of critical engagement with the possibility that not all allegations are truthful or that some accusers may have ulterior motives.
The authors’ ideological stance appears to influence their interpretation of the data and the conclusions they draw. Instead of presenting a balanced analysis that considers multiple perspectives, the article seems to advocate for a particular viewpoint that prioritizes the rights and experiences of accusers over those of the accused. This one-sided approach undermines the credibility of the research and raises questions about the objectivity of the authors’ findings.
Impact on Credibility and Academic Rigor
The biases evident in Tosto and Bonnes’ article significantly impact its credibility as academic research. True academic rigor requires an objective and balanced approach that considers all relevant perspectives and does not allow personal biases to dictate the interpretation of data. However, the article’s heavy reliance on biased sources, the assumption that all allegations are true, and the authors’ ideological leanings suggest that the research is speculative and anecdotal rather than grounded in rigorous scientific inquiry.
The article’s speculative nature is particularly concerning because it could be used to influence policy and decision-making within the military justice system. If policymakers or military leaders were to adopt the article’s findings without critical scrutiny, they might implement changes that could undermine the fairness and integrity of the military justice process. For example, adopting a policy that gives undue weight to allegations without requiring sufficient evidence could lead to more wrongful convictions, which would be a grave injustice to those falsely accused.
The Importance of Facts Over Feelings
In conclusion, Tosto and Bonnes’ article on military sexual assault cases is marred by significant biases that call into question its academic rigor and credibility. The reliance on biased prosecutors, the assumption that all allegations are true, and the authors’ ideological leanings all contribute to a narrative that is speculative and anecdotal rather than rooted in objective analysis.
In the military justice system, where the stakes are incredibly high, decisions must be based on facts and evidence rather than feelings or preconceived notions. Upholding the principle of “innocent until proven guilty” is crucial to ensuring that justice is served, and this requires a commitment to rigorous, unbiased research that prioritizes truth and fairness above all else.
