There is something terribly wrong with the way the current sexual-harassment discussion is framed. Since damages for sexual misconduct are decided under tort law—tort means harm or wrong—those bringing complaints have had to prove that they have been harmed emotionally. Their lawyers must bring out any distress they may have suffered, such as nightmares, sexual dysfunction, trauma, and so on. Thus, it is the woman and her “frailties” under scrutiny, instead of the institution and its frailties. This victim construct in the law is one reason that women are often reluctant to go public.
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