WSJ's Taranto Calls For A "Rebalancing Of The Burden Of Proof In Sexual-Harassment Cases"

WSJ's Taranto Calls For A "Rebalancing Of The Burden Of Proof In Sexual-Harassment Cases"


Wall Street Journal columnist James Taranto joined the onslaught of conservative media figures downplaying or dismissing sexual harassment allegations against Herman Cain as "meaningless" or not "a real thing." Fox News has repeatedly hosted guests to talk down the allegations and push the claim that "so many" sexual harassment cases may be "frivolous."

In his latest Wall Street Journal column, Taranto suggested that the women making the allegations against Cain "took advantage of a legal regime that ... is highly indulgent of sexual-harassment allegations." Taranto concluded by calling for "a rebalancing of the burden of proof in sexual-harassment cases."

From his November 3 column titled, "Who Smeared Herman Cain?":

With virtually no facts available, a fair-minded person cannot possibly draw any conclusions from these stories. Maybe Cain behaved badly. Maybe the women were unhappy in their jobs and took advantage of a legal regime that -- especially in the wake of the furor over Anita Hill's unsubstantiated accusations of ribaldry against Clarence Thomas -- is highly indulgent of sexual-harassment allegations. Maybe the real story is something in between and involves elements of misunderstanding.

It seems to us, however, that the original Politico report is a pretty poor excuse for journalism. Of the six questions a reporter is supposed to answer, Politico told us only where and when -- at the National Restaurant Association in the 1990s. Politico withheld information about who (both the accusers and its sources) and either didn't know or didn't say what, why and how.

Journalists have confidentiality agreements of their own, which they strike with sources in exchange for information -- but in this case there wasn't enough information to make a real story. That is in part because of a practice of also concealing the identities of women who make any kind of sexual allegations against men, a custom originally intended to protect rape victims.

The latter assumption presupposes the sexual innocence of women -- a paternalistic assumption that dates back to an era in which women were also held accountable through social shaming to standards of sexual innocence. If women in such disputes enjoy a presumption of innocence that is nearly impossible to rebut -- "I believe Anita Hill" -- that amounts to a presumption of guilt against any accused man.

At least Hill was an identifiable person making specific accusations. With the Cain stories, we are asked to presume he is guilty even though we don't know what he is accused of or by whom. Anyone who believes in the American ideal of equality before the law should consider it a travesty.

None of this is to say that Herman Cain is the best available candidate to be president of the United States. We can think of several reasons why he may not be. His "9-9-9" plan is great fodder for Twitter humor (Did you hear Herman Cain has a plan to adopt three cats?) but does not strike us as a serious economic proposal. He seems proud to know little about foreign policy. And while his business experience is a plus, he has even less governing experience than Barack Obama did four years ago.

A consequentialist Cain skeptic might argue that it would be a good thing for the country if Cain's campaign fell apart even if by unjust means. We can't agree with that. If a rival campaign is behind this, it would be better if voter revulsion at such tactics sank that campaign -- and eventually prompted a rebalancing of the burden of proof in sexual-harassment cases.

More than 11,000 sexual harassment charges were filed last year. About 16 percent of those were made by men, according to the U.S. Equal Employment Opportunity Commission.

Posted In
Diversity & Discrimination, Gender
Wall Street Journal
James Taranto
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