[Ask the Gulch] Should there be a statute of limitation on sexual harassment? It seems that when one charge is leveled, its followed by a deluge of "me too's", some of which happened years ago--especially when there might be a financial settlement in the offing.
Posted by preimert1 7 years, 5 months ago to Ask the Gulch
Power is the greatest seducer, and unlike the aforementioned actress, I feel certain many current complaining "victims" were simply those that "went on in" knowing what was expected, having expectations of their own, but also hoping they could dance around Harvey's expectations and still achieve their own. Most likely, that didn't often happen. Then years later when they looked back and felt that their expectations weren't met, and that they'd been fucked literally and figuratively, the incident went from being deception to being rape or assault. So I think there should be not only a statute of limitations, but also a statute stating claims made after the expiration of the SOL constitute automatic grounds for counterclaims of slander.
"...apprehension...of an imminent...offensive act" That seems to be a pretty low hurtle to jump over to make a claim. It seems to me that much of the problem is that women are now expected to meet multiple standards of sexuality with no real guideposts on how to balance their sexuality with their professional expectations, their romantic desires and their sense of morality. A romantic excursion turns bad and they feel taken advantage of and maybe even humiliated for letting themselves be seduced, And it is even more demoralizing when giving in to seduction, or to the ego inflating fuel of being desired by someone powerful, and then to later discover they'd been had, and all their romantic and/or career advancing expectations were false. It then becomes too easy to retrospectively seek retribution, especially if the seducer has already been called out by another "victim".
Years ago, men who did such things were written off as simply "cads", and women wrote it off as painful, sometimes embarrassing, and often ego bruising learning experiences. But they analyzed what they believed happened, realized there were signs that they missed and committed to themselves to be more careful and not be taken advantage of the next time. Not so much any more. Women are supposed to be equal to men in all respects, including being in the power position of the sexual initiators, and even the sexual aggressors. But when they're not, and are taken advantage of, they now feel doubly damned for having doubly failed for not having been in control and for letting themselves be taken advantage of, i.e. not scorned but doubly scorned. And you know how that saying goes...
I happen to think that the starlets who are complaining actually looked at the casting couch as the way to stardom, and did it willingly. If anyone should be upset, it should be the stockholders of the movie companies who may have been duped into thinking a starlet who gave into the casting couch was better than she was
EDIT: typos
Major problems with too-short statutes of limitation for any claim are that they prevent actually knowing what the damages are and thereby encourage unnecessary litigation to preserve the ability to make a claim at all.
As a baseline clarification: The statute of limitations is a date by which a lawsuit must be started-- that lawsuit can carry on for years, even 10+ years in some circumstances. The lawsuit simply has to be started.
I'll break down some main problems with too-short SOLs:
(1) Knowledge of the injuries is a fundamental fact necessary to know how much money is needed to compensate for the injuries. (e.g., is someone facing long-term PTSD, or is it short-term difficulty/normal emotions and will pass in a year? Is a broken bone going to heal well, or will there be permanent limitation of use? the list goes on, and there's a dramatically different value to "temporary and healed well" versus "for the rest of my life." There can be no negotiation about the value of the claim without knowledge of the value of the claim, and it takes time to know the full extent of damages.
(2) Because the full damages take time to know, claimants won't be willing to settle until time has passed, likely more than the short statute of limitation. Thus, attorneys like me have to start lawsuits simply to preserve the claim. This burdens the courts, increases costs for everyone, and is completely unnecessary. In the current system, most civil claims do not ever start a lawsuit (i.e., they settle before starting a lawsuit). That's the best -- everyone talks through the facts and law and comes to a clear view of the risks/exposure, and reach a mutually acceptable resolution of the conflict without courts!
To further complicate things, many instances of abuse (sexual or not) are within relationships and it simply takes time to get people physically and legally separated (e.g. divorce fully finalized) to where it's safe to bring forward a civil claim for the damages.
Lots of issues, but wanted to shed some light.
means "fart" en Espanol)
This is a law that badly needs to be weakened, and protections for the accused made stronger. Certainly the statute of limitations is one of those. If a victim of SH doesn't formally complain within six months, she's probably making it up.
And statutes of limitations need to be kept (and shortened) even more for serious crimes such as rape and molestation, because "recovered memories" have been proven not to genuinely exist and because waiting years robs the accused of any ability to find witnesses and defend himself.
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