Sunday, November 13, 2011

Women have to prove harassment? That's sexist!

In 1991, Anita hill moved to the forefront of the American scene during the Clarence Thomas hearings when an interview by the FBI was leaked. During that interview, she accused Thomas of making inappropriate comments to her. Immediately, women's groups all over this nations rushed to back her, and when her character was called into question, condemned those who would dare suggest that she was delusional or seeking revenge on Thomas.

Now it's happening again, four women have accused Herman Cain of harassment, and when investigated, one of the women has been found to have some skeletons in her closet and it has been suggested that she might have an underlying agenda.

I'm not writing this to defend either Cain or Thomas, if they did what they did, they should be punished accordingly. My concern is with the women who unilaterally back another woman who claims harassment without hearing all of the facts. This seems to be one area of our justice system where the accused (the man) is "guilty until proven innocent". Of course, since one cannot prove a negative, the man is often toast. 

In a letter to the Atlanta Journal-Constitution (AJC) today, one woman wrote: "Women who complain lose their jobs and often are not believed. If the accusations are made against a famous man, the woman is accused of seeking publicity and money. Every aspect of her life is under scrutiny...This is a “he said/she said” crime, with the burden of proof on the woman. Many of these men literally hold a woman’s livelihood in their hands. They are serial abusers."

Read the part again: "the burden of proof on the woman". To me this sounds like this person wants to be able to accuse someone, then sit back and not have to actually prove her allegations. Then the phrase "They are serial abusers": Does this writer offer proof of this? No, women shouldn't have to prove harassment, it's the man's job to disprove it.

Imagine this in other areas of justice. A person is accused of robbing a a bank, The prosecution has no burden of proof, the accused has to prove beyond a reasonable doubt that they didn't do it.
Yes, there are men (and women) out there who sexually abuse their employees, but to allow people to accuse them without having to prove anything is un-American.


  1. In a typical sexual harassment case, it goes both ways. The woman has to prove the harassment, and the man has to disprove it. Then the evidences and witnesses will help prove these facts.

  2. Sexual harassment is a serious case that needs to be carefully analyzed by a personal injury attorney. Some uses this case to earn money by falsely accusing the other party. Like what class action lawyer said, evidences and several witnesses will be needed to solve this case properly.