Discussion on the use of the terms "sexual harasser"/"sexual assault" in the meToo movement

The terms "rapist" and "sexual molester" should not be used to refer to persons accused of rape or sexual harassment for the following reasons:

1. Law is a social fact. Law is not equal to morality. Although law has a certain degree of morality, it is difficult for us to directly evaluate the morality of a person or thing based on whether it is legal or not. "Rapist" or "Sexual Molester" describes the status of a person who has been convicted of "rape" or "forced indecency" under criminal law (according to Chinese Criminal Law). Legal facts are not equal to moral facts. Even if the law does not make a verdict, we may still morally judge a person to have committed rape or sexual harassment based on the existing evidence (of course, in some cases, even if a person is legally convicted, This person may not have actually committed such a crime).

2. In a country like China where structural gender injustice exists in the legislation itself, the law is likely to be contrary to our moral judgment. Using legal terms for moral evaluation will implicitly provide a basis for legitimacy of unjust laws.

3. Even in democratic countries, criminal law stipulates the punishment of criminals by state power. When individuals face state power, their rights are easily violated. Therefore, when the government uses state power to prosecute citizens, it is often subject to strict procedural justice. This may be the price a democracy must pay, but we can still morally stand in solidarity with victims when criminal law is powerless.

For the above reasons, I think it is more appropriate to use "rapist"/"sexual molester" instead of "rapist"/"sexual molester".

(This issue involves the broader relationship between law and ethics, and is discussed only preliminary in this article.)