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by Evolved 3245 days ago
If the burden of proof is on the prosecution then, similarly, why isn't the burden on the victim to prove they were actually sexually harrassed? This isn't victim-BLAMING. This is simply an accuser having to prove their case and there is nothing wrong with that.
2 comments

> If the burden of proof is on the prosecution then, similarly, why isn't the burden on the victim to prove they were actually sexually harrassed?

It is when they are suing for harassment; there was no formal accusation in this case, just an anonymous blog post.

> why isn't the burden on the victim

Because there is often a massive power imbalance between the harasser and the victim.

Either way, for any legal consequences to take place, the victim must prove his/her accusation.

There is no system in the world that can protect people's careers and reputations. If a false accusation is made and the accused person can prove it, then a lawsuit will often be filed (as in the case above).

Why isn't there something synonymous with a grand jury convening privately to determine if the case has enough merit to go forward? This seems like a step in the right direction to protect reputations.

Otherwise, it is reminiscent of the false accusations about political candidates in the 1940s/1950s making wildly false accusations, which forced their opponents to spend time and money to defend the claims. It still happens today as well although it seems easier to defend claims via social media and the 24hr news cycle having to keep up with all sorts of stories that draw people's attention.