The court of public opinion is now in session.
The law differentiates between harassment at work and harassment in public. At work, harassment is conduct – including that of a sexual nature – from another that makes you feel your dignity has been violated or intimidated, creating a hostile, degrading, humiliating or offensive environment.
Recently, a number of people have made allegations against film producer, Harvey Weinstein. Other public figures have had allegations made against them, including Kevin Spacey, who allegedly sexually assaulted actor Anthony Rapp when he was 14.
Mr Spacey posted a statement on Twitter:
"I honestly do not remember the encounter... but if I did behave then as he describes I owe him the sincerest apology."
As every good lawyer knows, the best way to test evidence is by cross examination. As of yet, no evidence has been tested, but the chances of anyone in Weinstein’s position receiving an unbiased trial following media scrutiny would be slim. I am not making judgement on the validity of the allegations, but I am concerned that we are heading towards a modern public medieval flogging, when we as a society are supposed to have evolved. That said, the issues raised are extremely personal to those who have made allegations.
Some have described this outpouring of allegations as a watershed moment, where society as a whole agrees that certain treatments are unacceptable. Some suggest that these allegations have helped people come forward with their own claims. It has raised the issue of sexual harassment within all workplaces. Since the Weinstein allegations there have been others, from a variety of sectors, including those in government and the media.
Concerns over allegations being widely reported before any formal investigations are serious. Both the victims and the perpetrators are better served by a robust, transparent investigation coupled with a similar court process. This way, true allegations are processed and the perpetrators are prosecuted accordingly.
If you, or anyone you know requires confidential legal advice on this topic, contact Rubin Italia at [email protected] or on 020 31143 1129.
Author Rubin Italia is a Director of Duncan Lewis Solicitors’ Crime department, based in Harrow. Rubin is ranked in the Chambers and Partners 2017/18 guide and listed as a Recommended Lawyer in the Legal 500 2017 Edition. His extensive criminal defence experience makes him a key contact for many criminal matters from counter-terrorism, to the London Riots, to serious drug offences.
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