Tuesday, November 28, 2017

HARASSMENT AND THE EROSION OF THE PRESUMPTION OF INNOCENCE

"It's happened again."

As the news anchor begins the segment with those words, all I can do is shake my head and wonder which lawmaker, preacher, or celebrity will be accused of sexual impropriety today. It's almost enough that I feel like I need a shower after watching the news: not only because of the disgusting behavior being discussed, but because of what our society and legal system is becoming.

Let's make one thing perfectly clear: lewd comments, unwanted advances, and outright assault against women is unacceptable. Let's not rationalize such behavior. I don't care if it's the guy down the street or (yes, we'll say it) the President of the United States. Let's call wrong WRONG.

But as concerned as I am with the terrible actions of (often) powerful men, I am also uneasy with where all this is taking us as a society. Call it a "rush to judgment", call it the "court of public opinion," I think the current trend is leading us to strain one of the most fundamental principles of our legal system: the presumption of innocence until proven guilty.

When the accusation is made, the tone and tenor of pundits and commentators is to slam the gavel
down and declare without a benefit of the doubt that the accused is guilty of the accusation against him. There need be no evidence when an accusation will do. If there are indications, no further proof is required. It's a serious problem. Yes, the law says the accused is presumed "innocent until proven guilty," but the prevailing wind would say that someone is innocent until proven guilty UNLESS....

He is unpopular with certain segments of society. Although liberal icons are now being accused, there are a lot of conservative and Christian men who appear in the headlines on a regular basis, much to the delight of the liberal elite. No more can believers appeal to their Christian values as protection: the more the reverend or Congressman quotes the Bible, the more a liberal press will be convinced of any accusation leveled against him. It's almost as if we are wired to spot hypocrisy and moral failure, particularly if it's against our political/social foes. If they don't like someone calling them out on their sins, you can bet that someone is waiting in the tall grass to jump on any hint of indiscretion.

The accusation has details. Yes, details are important to establish the credibility of the victim. But sometimes, the commentators are all too happy to assume that, because the account includes the name of a hotel or lurid details of the encounter, it must be true. And it may very well be. But is there a possibility that a) the details are made up? or b) the details are misremembered? Unfortunately, nobody seems to want to raise any doubt.

There is more than one accuser. Yes, if a lot of accusers share the same or similar stories, it raises a red flag. BUT there is also the possibility that some of the accusers are just "piling on." While it is certainly possible that the victims are emboldened by the confessions of others, it is also possible that there could be some shared confusion or even the desire to "be somebody" for a short time (the "15 minutes of fame" syndrome). But that possibility does not seem to occur to anyone and the prevalent stance is "all those women can't be wrong."

And so the accused is established as guilty before a hearing, before a trial, before an investigation. And the presumption of innocence goes out the window and a man's life and career is destroyed.

In case you missed it, the disrespectful, reprehensible behavior toward women is wrong. The allegations are very serious. But some how, some way, we need to have a process to protect the accused from false or exaggerated claims , while at the same time supporting the alleged victims. We need to expose the perpetrator on the basis of proof, not accusation.

Sexual impropriety is serious. . . way too serious to be settled by the latest op-ed from the press.