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by opportune
3142 days ago
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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. |
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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.