'The Personal is Political': Sexual Misconduct Allegations, Defamation & Gender Politics

This article critically examines how English defamation law regulates cases involving allegations of sexual misconduct and/or violence which have become prevalent in the wake of the #MeToo movement. Part 1 provides an account of feminist methods that reveal the gendered nature of both legal doctrine and courtroom treatment of the parties in cases. Part 2 proceeds to analyse English defamation cases concerning allegations of sexual misconduct to demonstrate the presence of patriarchal gender dynamics. It argues that select features of defamation doctrine may be conceived or applied in a gendered way. It proceeds to consider the influence of gendered preconceptions on defamation courts, analysing instances of ‘testimonial injustice’ where the evidence of parties is afforded varying credibility. Finally, it considers how the wider legal costs culture and inequalities in access to justice can be exploited by #MeToo defamation claimants to women’s disadvantage. We conclude that an awareness of complex wider context and politics is essential to ensure that cases and parties are dealt with justly.