Sexual harassment in the context of powerful men being accused by men and women and children of some form of improper action cast against the backdrop of the statute of limitations and what is admissible evidence.
I want to make it explicitly clear that I am not in favor of anyone using their position to gain favors with another party. We aren’t trying to litigate whether the accuser is lying or not. The subject is to cover the statute of limitations, which is being eroded in many states. I am also pretty sure that a double standard will get covered as well
What is STATUTE OF LIMITATIONS?
Time frame set by legislation where affected parties need to take action to enforce rights or seek redress after injury or damage.
The purpose and effect of statutes of limitations are to protect defendants. There are three reasons for their enactment:
- A plaintiff with a valid cause of action should pursue it with reasonable diligence.
- By the time a stale claim is litigated, a defendant might have lost evidence necessary to disprove the claim.
- Litigation of a long-dormant claim may result in more cruelty than justice.
In Classical Athens, a five-year statute of limitations was established for all cases except homicide and the prosecution of non-constitutional laws (which had no limitation). Demosthenes wrote that these statutes of limitations were adopted to control “sycophants” (professional accusers).
The limitation period generally begins when the plaintiff’s cause of action accrues, meaning the date upon which the plaintiff is first able to maintain the cause of action in court, or when the plaintiff first becomes aware of a previous injury (for example, occupational lung diseases such as asbestosis).
Statute of Limitations for Criminal Actions
For some crimes, including homicide, there is no statute of limitations. A number of states have also abolished time limits for bringing criminal charges in cases involving the alleged sexual abuse of children. The statute of limitations for all other crimes varies from jurisdiction to jurisdiction based on their general classification as either felonies or misdemeanors. Generally, the time limit starts to run on the date the offense was committed and not from the time the crime was discovered or the accused was identified.
What Is Sexual Harassment?
Workplace sexual harassment is defined by the Equal Employment Opportunity Commission (EEOC) as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that explicitly or implicitly affect an individual’s employment, unreasonably interferes with an individual’s work performance; or creates an intimidating, hostile or offensive work environment.” . Examples of sexual harassment might be as straightforward as unwelcome touching, being pressured to go on romantic dates, or being called an offensive sexual nickname. It can also include less obvious behavior, like making derogatory or offensive remarks about others, posting sexually explicit pictures or regular conversation of a sexual nature.
Civil Lawsuit – A lawsuit brought about in court when one person claims to have suffered a loss due to the actions of another person.
The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy trial” The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of trial.
Alex Marlow is the Editor-in-Chief of Breitbart. He said “We used to all know what it [rape] meant. And now we don’t know what it means. And then we don’t know what’s credible and what’s not. And now everyone is going to come forward.”
What we know so far:
16 women have accused President Donald Trump of sexual assault or harassment ranging from the early 1980s through 2013.
8 women have accused Senator Roy Moore of sexual assault or harassment. All of the accusations are from 30 or 40 years ago
Why is there a statute of limitations to begin with?
If there is scientific evidence, should there be a statute of limitations?
Does the institution stand to lose more by dealing with the individual, or the situation. With the high profile men in the media, the company chose the individual over dealing with the situation. Worded differently, it is cheaper to settle with an accuser for $5M than losing the draw of the high profile person.