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by opportune 3142 days ago
The crux of the problem is how to set up a system where people feel comfortable coming forward without creating one that incentivizes false accusations. This is exacerbated by the externalities surrounding sexual misconduct: sometimes it's one word against another, sometimes the evidence isn't that strong, and many victims are so impacted by the misconduct/abuse that they may not want to relive the experience through the legal/judicial system. And as we see here, an accusation of sexual misconduct can be so damaging to the accused that they may seek financial restitution - no matter whether they did or didn't commit the crime. Finally, there is an element of ambiguity as to what constitutes sexual harassment (in some cases, definitely not all) and what does not.

I don't think there's a good solution to the problem within our existing legal framework. Probably the best short-term fix is to encourage victims to document incidences of sexual misconduct as soon they occur (including gathering e.g. biological evidence) and to report on them as soon as possible. Of course, the natural response to sexual misconduct is often to dedicate time to reconciling the fact that it happened, not to seek legal recourse, so this couldn't be perfect.

2 comments

This woman likely does not have enough money to compensate him for the actual damages that would be awarded at trial should he prevail, let alone any punitive damages. Lost potential earnings etc. would likely be in the billions in this case. For all intents and purposes, the lawsuit and any money he did recover would be meaningless except perhaps as a personal vindication.

His career ended when she made the accusation. The standard of proof in these cases seems to be “I said he did it,” and that is wrong when the penalty seems to be instant banishment from your career and society in general.

Well, yes, which is exactly my point. A victim is heavily discentivized from coming forward with an accusation if there's a chance they will be financially ruined from it, even if it's true. This means that wealthy and powerful people with great lawyers are insulated from all but the most clear-cut cases, which is definitely not a desirable system.

There's also the fact that wealthy people can settle a sexual misconduct case even if they did commit it. You shouldn't be able to pay someone $900k to make an accusation go away and then face no criminal repercussions. Even if the victim is ok with that, the perpetrator is still free to harm other victims.

> His career ended when she made the accusation.

That doesn't seem to me to be true. DFJ carried out some kind of investigation, as the article mentions. I don't agree with your assertion that any evidence they found would have been leaked by now (or would necessarily ever be leaked). And I can't believe that DFJ's investigation into such an important person in their organization would have been cursory, nor that they would fire him without substantial cause.

We don't know what the investigation found, and we may never know. That doesn't mean there wasn't anything.

That is an extremely simplified version of what happened. She did far, far more than just say, "He touched me." And those in the company felt the accusation credible enough to choose to no longer associate with him.

I'm sorry, but the "What about the men?" take is quite childish, and treats women like they have cooties or something.

> The crux of the problem is how to set up a system where people feel comfortable coming forward without creating one that incentivizes false accusations.

My rule of thumb about these things is that if some guy is a creep, he will have been a creep to multiple women. See Louis C. K., Roy Moore, etc. By coming forward, the women will back each other up. I'll remain a bit skeptical until I hear more than one accusation.

Craaaaig Jurgenson, or whatever his name is, only has one accuser so far, but he took it seriously enough to let himself be fired. I won't say he's guilty, but it sure looks suspicious.