[nicenewtemp84]

That wouldn't be a defense to get away from your actions. But it could be a reason or contributing factor.

If you get a DUI, it doesn't matter than you found out your wife was cheating at you. But it could explain why you went to a bar after work.

[freejazz]

So? It's completely irrelevant to the DUI... you wouldn't be able to bring it up in court. It has no bearing on any fact in dispute.

[nicenewtemp84]

That was my point. It obviously doesn't get you out of the bad action you did.... But bad actions don't always come from nowhere. People are flawed.

[freejazz]

Except - that’s not a winning point here. There is no expectation that people not be flawed - there is the expectation that you don’t drive drunk. That’s what the law requires. Similarly, the law doesn’t require you to be perfect and not have flaws in the office, the law requires you to not sexually harass people in the office. It’s pretty simple but you manage to repeatedly try and make it seem complicated by bringing in irrelevant factors like whether people are flawed or not - there was never any question as to whether or not people are flawed.