Sex Harassment-Must you be told what's right/wrong

[JudoSam]

Originally Posted by n david

Really? That's just silly. An overwhelming majority of sexual harassment cases are tried in civil courts, not criminal. Most harassment accusations don't break a law.

What law is there that says you can't tell someone you want to kiss them or want them to work without panties?

Not this case, but what law is there that is broken by a person calling another co-worker who is a female, "sexy" or "hot" or making unwanted advances? There aren't any. But you can still face civil action for those.

some sexual harassment is criminal. after hearing what this "man" has done to women, a lot of it would fall into the felony classification of sexual assault 2 and 3.

however, to get a grand jury to sign off on indicting this mayor, they would have to reasonably believe that conviction was possible. if they don't see any way to get conviction, they send a verdict of "no bill", and everybody's time was wasted.

the problem with sexual harassment is that there usually is no physical evidence or eye witness accounts to prove beyond a reasonable doubt that it was criminal assault.

however, to show a preponderance of evidence in civil court of a non criminal action of "sexual harassment" isn't nearly as difficult, assuming that the complaints are true.

and to you, esaias, i'm more of a feining o uchi gari to set up the uchi mata kind of player.

[n david]

Originally Posted by JudoSam

some sexual harassment is criminal. after hearing what this "man" has done to women, a lot of it would fall into the felony classification of sexual assault 2 and 3.

I'd agree that some sexual harassment is criminal; however the majority of cases are tried only in civil courts, likely because criminal courts place a heavier burden of proof than civil courts do. And most of the time there's very little evidence, other than one person's word against another.

Filner asked Jackson to work without panties, demanded kisses, told her he wanted to see her naked, and dragged her in a headlock while whispering in her ear.

I'm not a lawyer nor do I work in the legal field, but a brief look at the California penal codes show the only lawbreaking part may be the obvious dragging her in a headlock.

Asking, demanding, telling whatever he did doesn't break any law that I found in the codes.

I've read that he grabbed a couple women's derriere's, and several more accusations of him making crude comments, but what have you read to make you believe "a lot" of his actions are a felony sexual assault?

[JudoSam]

i don't do any legal work in california, and the only california laws that i am well versed on are their gun control laws (learned them for a gun control debate in uni).

however, in many states, attempting to kiss someone against their will is sexual assault. in some states actually kissing someone against their will is sexual battery. he is accused of both of these things by multiple women.

i don't know which of these accusations are true, but so far ten women have come forward, many of them saying they were groped and kissed (or he attempted to kiss them) against their will.

also, in civil court, "he said/she said" is not a preponderance of evidence. you would need witnesses, audio/video recording, a failed affirmative defense by the accused, or some sort of physical evidence. your own testimony is never enough to get judgement. yes, it is easier to get a judgement in your favor in civil court, but you still have to make a reasonable case supported by evidence.

the misconception about what civil court is and does comes from the fact that the media only seems to talk about out of court settlements, which usually include both sides keeping their mouths shut and not showing any of the evidence that would have been presented. this gives an illusion of "he said/she said" being enough for civil judgement. believe me, it's not as simple as the media makes it out to be. one of my primary jobs is to file motions for summary judgement in cases that my firm is handling (we are almost always the firm suing, not defending) and we have to show a good deal of evidence and a lot of work to get that summary judgement.

[n david]

Female #14 has come out to accuse Mayor Filner...

Sounds like he had a thing for abusing women. I'm wondering, how many woman have to come forward with these accusations before the police finally arrest him for assault?

This is ridiculous!

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