#dueprocess | #rapeculture
One thing we might consider while sorting through the horrifying report from
Reuters↱ regarding the state of due process in questions of sexual harassment is the general lack of surprise, which in turn further erodes pretenses to the other, such as simplistic notions about how harassment victims should simply go to the police postulated as if, say, one's mother was somehow not smart enough to figure that part out for herself.
News headlines of late have focused on sexual harassment accusations against movie mogul Harvey Weinstein, former Today show anchor Matt Lauer, former U.S. Senator Al Franken and other media figures, entertainers and politicians. In each case, the accusers say they waited years to confront the men who accosted them, most of them too ashamed or fearful to complain publicly or persuaded to keep quiet by tactics meant to suppress the truth.
But these three plaintiffs, and many like them, chose to confront their alleged abusers and hold the companies they work for accountable in public court. Rather than opening the incidents to full public scrutiny, however, judges let companies push the legal boundaries of what should be considered confidential and to keep details of abusive behavior secret.
A Reuters review of federal court cases filed between 2006 and 2016 revealed hundreds containing sexual harassment allegations where companies used common civil litigation tactics to keep potentially damning information under wraps. Plaintiffs in some cases say companies sought to conceal internal documents that reveal similar harassment claims, as well as corporate policies that favored abusers over victims ....
.... The true number of such cases is likely much greater than the hundreds identified by Reuters. Federal courts categorize sexual harassment within a larger group of gender discrimination claims, which makes a full accounting difficult. In addition, many sexual harassment cases are filed in state courts. Reuters focused its review on the federal courts because records are more accessible and consistent.
As a result of the sealed documents, cases that could shine light on specific abusers, or on toxic corporate cultures, do the opposite: They enable the very secrecy and corporate complicity that allow sexual harassment to persist in the workplace.
Former federal judge Shira Scheindlin, for instance, does not protest the inquiry but explains the price of shielding relevant human-resources complaints and processes from the record, that "you get the serial abuser just doing it at the next job. If that record had been available, there would have been no next job."
Federal District Judge Charles Breyer told Reuters courts seal too much information in too many cases: "It's hard to see why their private interests to avoid embarrassment trumps the public's right to have access to litigation."
Many judges, meanwhile, are reluctant to enforce transparency when neither side has requested it, according to several current and former federal judges.
“I don’t think any judge is presumptively hostile to the idea of disclosure,” Breyer said. “We may be presumptively hostile to doing more work. I’m speaking for myself.”
Pretrial secrecy also favors institutions and abusers in civil cases settling without trial, and Goldman-Sachs strikes a strange posture in ongoing litigation, trying to "keep hundreds of documents under wraps for three years" ostensibly in order to protect the confidentiality of claimants.
Much of the article is comprised of various examples and explanations. While the awful details might in and of themselves make for some manner of news, there really isn't anything surprising about the idea that various institutional systems, including law enforcement and the judiciary, operate in ways that protect, preserve, and even cultivate rape culture.
The institutional barriers to justice in questions of sexual violence
are neither new nor unfamiliar↗. Screeching about how sexual violence survivors should behave is one thing; having a clue about what that involves is, as such, actually rather quite important.
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Notes:
Levine, Dan, Benjamin Lesser and Renee Dudley. "Courthouse Confidential: How the courts help companies keep sexual misconduct under cover". Reuters. 10 January 2018. http://reut.rs/2DkALBN