I stand athwart the streamroller of sexual misconduct complaints that crush the innocent, end marriages, and destroy careers. In the Me Too era, I am an employment attorney in the politically incorrect vocation of defending who must pay if misconduct is found.
My skin is thick, and I do not melt when asked, “How dare you!” I dare because I do not want the innocent to be wrongly punished. I know it’s a very unfashionable to advocate on behalf of the presumption of innocence, and I am often reminded of how insensitive and outdated the principle is in today’s climate.
...Without naming any particular accusation, I offer these factors for consideration to the fair-minded who remain open to the possibility that guilt or innocence is not simply a question of politics. I also remind the reader that politicizing these accusations have allowed men like Harvey Weinstein, Al Franken, Matt Lauer, Les Moonves, Bill Clinton, and Keith Ellison to escape accountability. Nobody seems to care if they walk the walk so long as they talk the talk.
Mill offers ten red flags
that warn that an innocent person stands accused.
1. The accuser uses the press instead of the process.
2. The accuser times releasing the accusation for an advantage.
3. The accuser attacks the process instead of participating.
The few times I’ve been attacked for “harassing” the victim, it has always followed an otherwise innocuous question about the accusation, such as: Where, when, how, why, what happened? I don’t argue with accusers, I just ask them to explain the allegation. If I’m attacked for otherwise neutral questions, it’s a red flag.
4. When the accused’s opportunity to mount a defense is delegitimized.
The Duke Lacrosse coach was fired just for saying his players were innocent. When the players dared to protest their innocence, the prosecutor painted their stories in the press as “uncooperative.” If either the accused or the accused’s supporters are attacked for just for failing to agree with the accusation, it’s a red flag.
5. The accuser seeks to force the accused to defend himself or herself before committing to a final version.
6. The accused makes a strong and unequivocal denial.
7. The accuser makes unusual demands to modify or control the process.
8. When the accuser’s ability to identify the accused has not been properly explained.
9. When witnesses don’t corroborate.
10. When corroborating witnesses simply repeat the accusation of the accuser but don’t have fresh information.
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