GW Law Faculty Publications & Other Works

Document Type

Article

Publication Date

2024

Status

Accepted

Abstract

“He totally denies it . . . he says it didn’t happen.” With that, former President Donald Trump dismissed all allegations against then-Senate candidate Judge Roy Moore for sexual misconduct with minors. While in office and since then, Trump has repeatedly displayed the power of denial in the face of allegations of wrongdoing toward women. Trump is largely right that denial works. He is not alone in considering an accused’s denial as the end of the story, even in the face of strong contradictory evidence. In doing so, Trump merely echoes a dominant attitude in the United States. Our culture wants to believe the denials of men who are accused of doing bad things to women. The stark differences between the fates of high-profile men accused of committing wrongs against women who deny their wrongdoing publicly and those who admit to it highlight our culture’s preference for denials and the accompanying incentive structure that encourages denials and punishes admissions. Our legal system mirrors this cultural norm and enshrines denial. Our culture and legal system’s strong inclination toward denial, particularly in the face of wrongs against women regardless of the veracity of the allegations, disserves perpetrators, victims, and our society. It restricts opportunities for accountability, healing, apologies, forgiveness, and redemption. And it thereby enhances the likelihood of recidivism. Changing this cultural norm is a daunting task, especially a norm with deep roots in subordination of women and the discreditation of women’s experiences. This Article explores the incentives in our culture and legal system that encourage denials and disincentivize admissions with an eye toward creating pathways to accountability, apologies, healing, and rehabilitation that will better serve all.

GW Paper Series

2025-34

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