LexInsight Blog

The Cassandra Complex: Sexual Harassment Allegations

Jul 25, 2018 7:00:00 AM / by Felix Nunez

sexual-harassment

       The term sexual harassment comes to mind when two ordinary citizens engage in an interesting contrast through communication. We live in a society, in which, people are often to quickly to take offence in how we interact with each. What are the bounder lines that separates conversing and sexual harassment?

        Some of the sexual harassment allegations are nothing more than a Cassandra complex. Most of the cases has been proven to be nothing more than a psychological phenomenon. Just like when we hear “cry wolf” we can clearly understand that the expression behind this is to raise a false alarm. We have countless amount of celebrities bringing up charges against Harvey Weinstein. Let me make one thing clear here, I’m not shielding Harvey Weinstein, but I am defending the law. Isn’t there a possibility that some of charges are false?

         The word allegation is an interesting word because it is defined as a claim or assertion of someone that have done something wrong. The interesting part of this definition is someone making a claim without any proof. According to The Handling of Sexual Harassment and Misconduct Allegation by The Department of Law’s Enforcement Components, there are 120 alleged offenses that involves inappropriate relationships. The category of sexual harassment is the analysis that shows eighty-five percent of alleged offenses are common, but only fourteen percent are reported to be true. The Civil Division Lacks a Consistent Standard for Reporting Sexual Harassment and Sexual Misconduct Cases Allegations is a department that employees are required to report to the OIG of all non-frivolous allegations.

         A professional wrestler named Enzo Amore. He was accused of a sexual assault because of his fame. The case has been dropped because the accuser, Philomena Sheahan’s former friend Sam, posted a YouTube video stating was drunk and made up the all story. He showed proof of evidence by showing his conversational texts he had with her that night. She made up the sexual allegation up! Sadly, Enzo was released from the World Wrestling Federation (WWE). This false allegation has caused someone their career.

      The law leads the way reforming the legal standards in human behavior. Just like the case Meritor Saving Bank v. Vinson, we see the trail court being held in alleged voluntary to the plaintiff Mechelle Vinson. The relationship between Vinson and her harasser negated any of the claim of discrimination, but the Supreme Court disagreed with the drawing of a fine distinction. They concluded that the sex-related conduct was voluntary and in the sense of the complainant, no forced to participate against her will. Under Title VII, any sexual harassment claim is the that the alleged sexual advances were unwelcome. This presented difficult problems because of the lack of proof, which causes largely on credibility to commit to trier of fact.

      The Supreme Courts and lower appeal courts need to have proof of evidence that the claim the victim is claiming is accurate. A valid proof of claim that you were offended by your co-worker or manager. The procedures to file a sexual harassment claim must be reported 180 days of the last incident. This claim must be file to the Equal Employment Opportunity Commission. A written complaint must be file with the company. This is the guidelines of the internal procedures. If a person makes a sexual harassment allegation years later after the allegation, then the statues of limitation is expired. It is also an important factor to note that the statues of limitation vary depending on your state.

 

Topics: Law

Felix Nunez

Written by Felix Nunez

My name is Felix Nunez and I’ve been working in the legal field for nine years. I have a BA Degree in Law and Society, Minor in Dispute Resolution, & an Associate in Paralegal Studies. My current plan is to go to law school and get my JD Degree. I love working and studying the law because it is the foundation of how our nation is being built.