Sarah Leamon: Reflecting on Taylor Swift's legal triumph in former radio host's lawsuit

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      Grammy Award–winning pop star Taylor Swift has another victory under her belt—but this time, it’s of the legal variety.

      This week, a jury decided in her favour at the conclusion of a long-fought legal battle. The question was whether or not a radio host inappropriately groped her during a pre-concert photo op—and the jury concluded that he did.

      The incident happened about four years ago. It involved a Denver-based radio personality named David Mueller, who assaulted the star by reaching under her skirt and grabbing her rear end without invitation or permission. It happened during a back-stage meet-and-greet with fans, and needless to say, made Swift feel extremely uncomfortable.  

      Deciding not to stay silent, Swift instead dealt with the issue right away. 

      In the days following the assault, she had her mother and a staff member contact Mueller’s employer. They reported the incident, which, after an internal investigation, resulted in Mueller’s termination. 

      Mueller then turned around and sued Swift for what he described as, his “ruined career”. He sought up to $3 million in damages. 

      At that point, Swift could have done a couple of things. 

      For one, she could have settled out of court. 

      She could have hired a lawyer, and made an offer to keep things hush-hush and away from the prying eyes of the public. She could have offered Mueller an immediate settlement, perhaps in the arena of $500,000, which would mean almost nothing to her but would have roughly represented four years of Mueller’s earnings. He probably would have taken it and he probably would have gone away—and none of us would have any wiser. 

      But—thankfully—Swift didn’t do this.

      Instead, she decided to stand up for what she knew was right. She decided not to back down. She decided to fight.

      Swift filed a countersuit. 

      She sought a symbolic $1 in damages against Mueller. Through public statements, she made it clear that she not only wanted to defend herself, but also wanted to use the opportunity as a chance to stand up for all women. These were big shoes to fill, but Swift rose to the occasion. 

      Taylor Swift's fans have one more reason to love her after her impressive performance in court.
      Rebecca Blissett

      Her courtroom testimony was largely described as unwavering and determined. When questioned by Mueller’s counsel, Swift did not give in. She did not break. She answered back, clearly and directly. 

      When it was suggested that she should feel bad that her complaint “ruined” Mueller’s career, Swift answered “I’m not going to allow you or your client make me feel in any way that this is my fault.”  She pointed out that the blame for Mueller’s termination laid with one person, and one person only—Mueller himself. 

      She said "the unfortunate events of his life that…are the product of his decisions—not mine.” 

      In doing so, she helped to chip away at the commonly held belief that victims of sexual assault should feel guilty about the misfortunes that fall upon those who have victimized them. 

      The verdict returned in favour of Swift sent a message of vindication, as did her strength throughout the trial process and while on the stand. This case has provided an example of a strong woman who did not back down in the face of adversity, and who spoke clearly and loudly about her ordeal. In this way, the pop star has provided inspiration and encouragement for those who have been through similar circumstances.

      But we also have to remember that Swift is a pop star. With an estimated net worth of $360 million, she is wildly wealthy. Swift is also powerful. She is an internationally recognized face with the kind of star power that is hard to even imagine. And on top of it all, Swift is an able-bodied, heterosexual, conventionally attractive, young white woman. 

      Swift is the epitome of privilege.

      Although this does not necessarily take away from her courage, it is nevertheless important to recognize how her privilege has benefited her in this situation. 

      Imagine how the dynamic may have changed had Mueller’s accuser not been the beautiful rich blond star, but rather a middle-class woman of colour. The outcome may have been much different.

      So while we should certainly commend Swift for leading by example, for having the fortitude to speak back to her victimizer, and for disrupting the narrative around survivors of sexual assault and moral blame worthiness, we should also recognize the role that her privilege played in this.

      At the end of the day, Swift cannot be the salvager of all women who have been victimized by sexual violence. The struggle against sexual violence did not begin and end with her.  However, she represents an important and encouraging case in a system that so often seems stacked against the victim. 

      Swift said that she did this because she wanted a chance to stand up for all women, but I want more than that. I want her story to inspire women to stand up for themselves. 

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