- That's something that would come out in a trial.
- There's not gonna be a trial. There's not gonna be an arrest. And there's not gonna be an investigation. Mine's gonna be one of the 700,000 untested rape kits, so I started this website.
- Do you know who Sloan Sabbith is?
- Sure.
- She's my girlfriend.
- Well done.
- About, I don't know, a year and a half ago, she was dating this guy and they broke up and he was pissed. She'd posed for him, some naked pictures, and he posted them on a site called RevengePorn.com. I remember. What did she do? She broke his jaw, but I'm not recommending that. 
- This isn't revenge. It's a warning. It's a public service. Do not go on a date with these guys. Do not go to a party with these guys. Do not give these guys a job ever. Wait, they're avoiding jail and you think I'm being too harsh?
- Don't you think there's a chance that somebody's gonna use the site as revenge? That somebody's gonna make up a story and ruin a kid's life? Jeff got into Stanford Medical School. Not anymore.There were NFL teams looking at Brandon. Not anymore.
- Yeah, you can imagine how sad that makes me.
- Don't you think there's a chance that somebody, a woman who feels rejected...
- Yeah, bitches be bitches.
- I get it. I'm just saying that if a grown man who works in arbitrage at one of the biggest banks in the world can post naked pictures of his ex on RevengePorn.com...
- Yes, I think there's a chance and I've weighed the cost benefit. I have. If another girl got raped because I didn't say anything or because someone else didn't say anything...
- I know.
- You don't know.
- And you're right about that, too.
- Then what am I wrong about? What am I wrong about?

________

- The law is plainly failing rape victims. That must be obvious to you. It is, but in fairness, the law wasn't built to serve victims.

- In fairness?

- I know.

- Do you believe me?

- Do I believe you? Of course I do. 
- Seriously.

- I'm not here on a fact-finding mission. 
- I'm just curious. Be really honest.

- Okay. I've heard two competing stories. One from a very credible woman who as far as I can see has no reason to lie. The other from a guy I judge to be a little sketchy who has every reason to lie and I am... I'm obligated to believe the sketchy guy.

- This isn't a courtroom. You're not legally obligated to presume innocence.

- I believe I'm morally obligated.

- You know, you're a good guy, but do people tell you a lot that your head's up your ass?

- They do, and I absolutely allow for that possibility. I'm the guy who goes around saying OJ's not guilty because a jury said so.

- I'm not gonna get a jury.

- I know, and I can imagine how frustrating...

- No, you can't imagine.

- No, I can't. But it is a huge, dangerous, scary-as-shit mistake to convene your own trial in front of a television audience where there's no due process, no lawyers, no discovery, no rules of procedure, no decisions on admissible evidence, threat of perjury, confrontation of witnesses or any of the things we do...

- To ensure that rapists go to Stanford Medical School.

- To ensure an innocent person isn't destroyed.

- The law can acquit.

- The Internet never will. The Internet is used for vigilantism every day. But this is a whole new level and if we go there, we're truly fucked.

- I'm not a vigilante.

- Do you want to live in a world where...

- Do you want to hear the advice I get? I mean, this is real advice. In pamphlets. Say you have a boyfriend. Wear a wedding ring. I'm supposed to protect myself from a man by pretending I'm the

property of another man. And, of course, there's no shortage of good fashion advice.

- Mary.

- When you came in here, you wanted to go to a public place because you were scared I'd cry rape. I'm scared of getting raped. I'm scared all the time. All the time. So you know what my site does? It scares you. It scares the living shit out of any guy who thinks even once about putting his hands on someone without an invitation.

- You're right to name your attacker. You may even be obligated to. But the site is gonna clobber an innocent person and there is no chance that it won't. And if you face off with the guy you've accused on TV, it is going to be a lawless food fight with irreversible, irretrievable consequences. Teams will be formed, you will be slut-shamed, and you won't get the justice you're looking for. That's why I'm asking you to refuse.

- I don't understand why you need me to refuse. It's your show. Why don't you just not do it?

- I've been overruled. It's a promotable story that'll bring in a younger audience. 
- I don't have a problem with that. 
- It's sports, Mary. It'll be covered like sports.

- I'm gonna win this time.

- All right.

- Thanks for hearing me out.

- We'll be in touch with you.

______________________________________________

The Newsroom S03E05

'Justice has been hijacked by the media' | NUJS