How the excesses of #MeToo have destroyed the presumption of innocence
The excesses of the #MeToo movement have not only led to a culture of generalizing men as sexual predators, but also of generalizing women as helpless victims.
A commentary on “Rammstein Singer Till Lindemann Is Cleared of Sexual Assault Allegations” (published in The New York Times on August 29, 2023)
Till Lindemann does not have to appear in court. On May 25, 2023, the notorious lead singer of the German band Rammstein had been accused by a woman named Shelby Lynn of having put drugs into her drink against her will at a concert party in Vilnius, Lithuania, possibly in order to make her compliant for sexual acts. According to the Berlin public prosecutor’s office, however, no suspicion could be substantiated after weeks of investigation; they could neither establish a drug offense nor find any substantial evidence of sexual assault.
In their statement, the Berlin public prosecutor’s office explained that various attempts to investigate the Lindemann case had come to nothing. There was no witness willing to talk to police to corroborate Lynn’s story; thus, the identity of potential witnesses remained known only to the press. The only other person who made their identity public was Kayla Shyx, a YouTuber who had talked about parties at Rammstein concerts in a video that had gone viral. But her descriptions had remained too vague, especially since she “could not describe her own experience of witnessing possibly criminal behavior,” but only that of third parties, according to the prosecutor’s office. Furthermore, the evaluation of investigation documents provided by the Lithuanian police authorities did not allow any concrete conclusions to be drawn about the accusations against Lindemann. Ms. Lynn, who had woken up with memory lapses and several hematomas after the Rammstein concert and afterparty, had claimed that her drink had been spiked. But a drug test arranged by Ms. Lynn had come back negative, and photos of the bruises on her abdomen were insufficient evidence, according to prosecutors.
Despite the lack of concrete evidence of an offense – and Ms. Lynn’s own statement that Lindemann had not touched her – the media has called “Open fire!”1 on the lead singer since May 25. Of course, this new edition of a potential #MeToo scandal was great fodder for the press, especially for Der Spiegel, which enthusiastically indulged in sensational journalism about Lindemann, without providing any concrete evidence for his alleged offenses. With the help of a lawyer, Lindemann obtained an injunction against the magazine, and later also against the Süddeutsche Zeitung and German public broadcaster NDR, which claimed that he had forced two women into sexual acts.
As part of the accusations against Lindemann, details came to light about how he and the band routinely casted young women for their pre- and after-show parties – just like Shelby Lynn. Various media outlets, among them Welt und the Neue Zürcher Zeitung, did extensive reports on what is called “Row Zero”, the row of female fans who were selected, contacted and invited by a Rammstein employee and self-proclaimed “casting director” named Alena Makeeva via social media before each concert. These women were allowed to meet Till Lindemann personally in the backstage area, and a few select were allowed to spend intermission with him privately; they could later join the afterparty or come to the hotel if they wished. The criminal investigation proceedings led by the Berlin public prosecutor’s office had also included Makeeva, but the case was dropped due to lack of evidence. Makeeva has since been fired by the band.
A shady casting system to recruit pretty groupies, the allegation of spiking drinks and coercing young women into non-consensual sex with a famous musician: the Lindemann case seemed to expose the ugliest sides of a misogynistic and sexist music industry, and so the media apparatus, hungry as ever to report on a new scandal, was eager to milk the story. Instead of taking a nuanced look at these allegations and waiting for the official investigation to present a result – in short, instead of doing what good journalism is supposed to do – the press opened a hunt for Till Lindemann, who – though not exactly a saint – seemed to confirm once again the cruel, violent face of old white men’s sexism in the age of #MeToo.
In these emotionally charged media scandals, the first thing to go down the drain is the legal principle of presumption of innocence. Yes, men also have the right to this basic principle of criminal proceedings under the rule of law. It is fundamental, especially in such difficult cases as sexual harassment, coercion or abuse – which are often difficult to prove – to adhere to this principle of in dubio pro reo (in case of doubt, rule for the accused) until a court verdict has been pronounced. The suspect must be protected from possibly false accusations and defamation.
But in the Lindemann case, as it now often happens, the principle of presumption of innocence was thrown overboard even before legal proceedings were initiated, and with it any kind of nuanced reporting. Ms. Lynn told Welt that during intermission at the Vilnius concert she was led into a private area where she met her idol Till Lindemann on her own. She told him that she was not available for any sexual acts. According to Ms. Lynn, Lindemann became loud and angry, but did not touch her. There is no question that this is inappropriate behavior. Nevertheless, it is clearly going too far for media outlets such as Der Spiegel to compare the Lindemann case to Harvey Weinstein (who – just for the record – is a convicted sex offender), particularly when considering the fact that Shelby Lynn herself had stated that Lindemann had not touched her.
The idea of presumption of innocence no longer seems to count in today’s journalism. Instead, what counts are numbers, clicks, scandals. No one cares whether a man’s reputation is destroyed in the process – and why should they if it is virtually impossible to sue a newspaper for damages in the event of false allegations? The excesses of the #MeToo movement have made smear campaigns against prominent men a profitable business. Who cares about defamation?
The Lindemann case, with the media’s blatant lack of nuance and voracity to cast blame, is reminiscent of the case of Aziz Ansari (Master of None), the comedian and actor who caught the wrath of the #MeToo movement at its height in 2018. At the time, a woman by the pseudonym of Grace accused Ansari of not intuiting that she didn’t want to have sex with him on their first date, despite coming back to his apartment with him, kissing him and taking off each other’s clothes. When Grace, who was becoming increasingly uncomfortable as the evening went on, finally said “no” to Ansari, he immediately backed off and said, “How about we just chill, but this time with our clothes on?” Too late, according to Grace, as he had previously “ignored clear non-verbal cues.” The story exploded into the mainstream media, forcing Ansari’s burgeoning career to a halt: he was declared Hollywood’s new persona non grata and likened to sex offender Weinstein.
Back then, Bari Weiss wrote a fantastic piece about the Ansari case, saying: “It transforms what ought to be a movement for women’s empowerment into an emblem for female helplessness.” Indeed, female agency does not seem to exist in these either media-hyped or legally untenable cases (mind you, I am not talking about actual sexual assault here!). In the Ansari case, Grace had the option to leave the apartment at any point. In the Lindemann case, Shelby Lynn also had the option to leave the concert at any point. In both cases, sexual interaction was on the table because of the nature of the situation – both women did not want this and, as far as the facts go, this decision was respected by the men in both cases. Was Aziz Ansari looking to have sex with his date that night? Probably yes. Did Till Lindemann expect to have oral sex or even more with Ms. Lynn during that concert intermission? Probably yes. But at no point were these women deprived of their free will or agency. And as long as freedom and consent exist, it is not okay for the media to defame or accuse these men of a criminal act, no matter how disgusting one may find their behavior. To quote Weiss again on the Ansari case:
“I am a proud feminist, and this is what I thought while reading the article:
If you are hanging out naked with a man, it’s safe to assume he is going to try to have sex with you. […]
If you go home with him and discover he’s a terrible kisser, say, ‘I’m out.’
If you start to hook up and don’t like the way he smells or the way he talks (or doesn’t talk), end it.
If he pressures you to do something you don’t want to do, use a four-letter word, stand up on your two legs and walk out his door.”
The same can be said for the participants of Row Zero: If you don’t like the fact that only young pretty women are recruited for Rammstein concert parties, then don’t go. If you find it suspicious that you have to hand in your cell phone backstage, get out. If you don’t like the fact that hard liquor is offered at these parties, say goodbye and leave. If you realize that these parties might be about sex and you don’t approve of it, turn around and leave. The aforementioned YouTuber Kayla Shyx, for instance, felt rather uncomfortable about the atmosphere at a Rammstein concert in Berlin. So she left.
Women who want to be around famous men have existed since the beginning of show business itself. In this context, sexual interaction is always in the realm of possibility because it has always been part of groupie culture. Of course, every female fan must be allowed to decide for herself how far she wants to go – but at the same time, you cannot react with indignation when you learn that only young women are invited to a rock band’s concert party, offered booze and then invited to the hotel room. #MeToo feminism has to decide whether groupies are pioneers of sexual self-determination and promiscuity, or victims of a patriarchal, sexist music culture. You can’t have both at the same time. Because labeling all men as sexual aggressors means degrading all women to helpless victims.
These generalizations, however, which must be understood as excesses of the #MeToo movement, are pure poison. Firstly, we lose the principle of the presumption of innocence of male suspects, who will never be able to rid themselves of the stain of suspicion despite a lack of evidence or even a legal acquittal. As German writer and lawyer Ferdinand von Schirach warned, “Those [men] who are reported are lost, even if no charges are brought against them.”2
Secondly, the fundamental idea of women’s agency is completely ignored. Those who get upset about the mechanism of Rammstein’s Row Zero forget that these women go there of their own free will. As long as all behavior is legal – as was the case in Vilnius, according to the Berlin public prosecutor’s office – a media witch-hunt is illegal.3 It is inconsistent to celebrate groupies as emancipated party girls or influencers on one side, but then to emphasize their helplessness, cluelessness and inability to act whenever it is useful for the media’s smear campaigns.
Thirdly and lastly, it is the credibility of real victims of sexual violence which is destroyed in the process. Accusations that turn out to be legally untenable, like Shelby Lynn’s against Till Lindemann, or accusations that simply do not qualify as sexual abuse, like Grace’s against Aziz Ansari, are harmful precisely to those women who are indeed victims of violent acts. It is those women, of all people, who lose their chances of being heard, of being believed and of bringing their abusers to justice.
Addendum: This Substack offers an extraordinarily well-researched and nuanced report about Shelby Lynn and her allegations against Lindemann.
About the author: Born 1987, with roots in Germany and the Philippines, living in Spain. Constantly curious and eager to learn new things. Freedom > safety. Your own opinion > groupthink. Coffee > tea. Currently reading: “Upgrade” by Blake Crouch.
Die deutsche Version des Artikels findet sich hier:
Schuldig ohne Anklage: Wie #MeToo der Unschuldsvermutung den Todesstoß versetzt hat
Durch die Exzesse der #MeToo-Bewegung werden nicht nur Männer pauschal als sexuelle Aggressoren abgestempelt, sondern auch Frauen pauschal zu hilflosen Opfern degradiert.
“Feuer frei!”, one of Rammstein’s most famous songs, means “Open fire!”
“Diejenigen, über die berichtet wird, sind verloren, selbst wenn keine Anklage erhoben wird.”
Excellent post!
I'd be the first man to flail the skin off another guy, who rapes or abuses a woman. But I will also be the first person to call for those who falsely accuse someone of a crime (especially one as heinous as rape or sexual assault) to pay a price, as well - read fines and jail.
The disgraceful Christine Blasey Ford and her co-conspirators (read all the mettoo celebs, who took to the airwaves and openly slandered Kavanaugh), should be behind bars.
Additionally, accuser identities should not be hidden, except for cases involving children. However, if you're adult enough to attend a frat party or concert and are potentially going to ruin someone's life (to include jail time), then you have to be publicly identified.
Harvey Weinstein is another case, where your and Weiss' admonishments, over using personal agency, come into play. I will state again - if we have proof that he drugged, raped, forced sex on, or physically assaulted any woman, man, boy or girl then let me at him, I'll skin him alive then deliver him to the designated jail.
However, if you have women actors (adults) who knew he had a well used casting couch (and by all reports it was well known) and they still CHOOSE to put themselves in that situation and then CHOOSE to stay - in order to keep a job, get a part, or further a career - then they CHOSE to abandon their agency, by not getting up and walking out. Now if they did that and he grabbed them, prevented them from leaving and assaulted them, then refer back to my offer for skin removal and jail delivery services.
Here's another twist...if the actress knew that by submitting/agreeing to (by staying) the sexual acts, she would advance her career/get a part - isn't that a form of prostitution? And isn't the current woke dogma, that sex work is real work - an empowering and proud profession for women??? Is that only for the lower classes and drug addled or does it also apply to those in hollyweird.
As for these tabloids, papers, and media outlets/new shows, there should be laws on the books, that allow for easier liable suits to be brought against them. Share holders would not stand for the sleazy, sophomoric dog piling practices, if they lost hundreds of millions in law suits each year.
Of course those laws will never be passed/changed because the masses love the click bait and are happy to watch the carnage, so long as they get their dopamine hits every few seconds.
Thanks again for the great post.
Thanks for putting my feelings about the legal principles surrounding this topic into words better than I could. It’s nice to know there are women out there (besides my wife) who believe in moral agency and self-responsibility. It’s too easy to get the impression that there aren’t any anymore. But hey, you proved me wrong. Good job. I loved it.