Sexual misconduct is inappropriate no matter who you are. I don't care how rich or powerful you are, and I don't care how good of a movie you made, you don't have license to engage in sexual misconduct.
I do think a fair trial is necessary for sex offenders before punishing them with anything, including being fired. Not because I don't believe the accusers, but because a fair trial is necessary for every crime, and this should be treated as an actual crime, not as something taboo that at best gets you fired or gets you 3 months in prison as a warning to others.
Are there some flaws in a fair trial? Yes.
A jury might declare a guilty person to be innocent or declare an innocent person to be guilty.
A fair trial might give too light a sentence, though I'm not sure I would consider that a fair trial.
But I think it would frequently give people the punishment they deserve instead of the slap on the wrist and publicity they too frequently get.
I do think a fair trial is necessary for sex offenders before punishing them with anything, including being fired. Not because I don't believe the accusers, but because a fair trial is necessary for every crime, and this should be treated as an actual crime, not as something taboo that at best gets you fired or gets you 3 months in prison as a warning to others.
Are there some flaws in a fair trial? Yes.
A jury might declare a guilty person to be innocent or declare an innocent person to be guilty.
A fair trial might give too light a sentence, though I'm not sure I would consider that a fair trial.
But I think it would frequently give people the punishment they deserve instead of the slap on the wrist and publicity they too frequently get.
There are many problems, though. For instance, due process moves slowly and in the meantime offenders are free to continue to offend. So when an alleged offender is called out, it can be a means not just of "punishing" that person but of protecting others, who can then opt not to work with someone whom they believe to be a danger to themselves or others. Another instance: legal guilt and innocence are based on the concept of reasonable doubt, and these sorts of claims are very often difficult to prove beyond reasonable doubt, with the end result that people are hurt, they go through an often humiliating legal process, and then the person who hurt them gets off free. So yes, while it is dangerous to start punishing people on the basis of accusations alone, it is also true that our legal system is not built to effectively address these issues, and building a culture that is finally believing the victims of endemic aggressions is a step in the right direction. It's awful if a few innocent people end up hurt along the way, but that "hurt" is usually harm to careers and reputations . . . and we've already had far more than a few innocent people hurt on the way to where we are now.
ReplyDeleteI really like those thoughts! I'm really glad that we're taking accusations of sexual misconduct more seriously. I just hope we can take sexual misconduct as seriously as we do other crimes and not just make it a social taboo.
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