Sexual harassment accusers don’t deserve anonymity
I, like most Australians I imagine, had no idea who Mark McInnes was until earlier this year when he was named at the centre of a sexual harassment scandal and resigned from his position.
Of course the details of how his name was leaked before any legal action or the plaintiff was named are long gone, but that doesn’t negate the massive damages incurred thus far by McInnes.
Guilty or not, I have no idea but for all intents and purposes, McInnes personal reputation has been dragged through the mud. Accusing a rich CEO of sexual harassment is like accusing a single old man of pedophilia; doesn’t matter if they’re innocent or not – most people make up their mind long before the details of the case play out.
With this in mind, it’s somewhat ironic now that McInnes accuser, Kristy Fraser-Kirk, is claiming she’s suffering from psychiatric harm due to her identity being revealed.
I mean really, what did she think was going to happen?
By no means am I implying that McInnes did or didn’t sexually harass Fraser-Kirk but the fact of the matter is his details were leaked before any legal action was taken. Following the leak of his name Fraser-Kirk has since gone after David Jones and McInnes to the tune of thirty seven million dollars.
Now, whether it be because they were also sexually harassed or because they have dollar signs in their eyes, three other women have decided to jump onto the bandwagon for a slice of the action.
After having a cry about the intrusion into her own life, Fraser-Kirk is calling for the names of the three women to be suppressed until the hearing begins in December.
The problem?
In granting a suppression order a judge sets a massive backwards precedent for any future sexual harassment cases. They already have this in the UK where, even if found not guilty, the accuser is given the luxury of anonymity whereas the accused is forever left with mud stuck to their name.
In short there’s bugger all penalty for crying sexual harassment wolf and this is massively open to widespread abuse.
Get fired from your job? Just accuse your boss of sexual harassment.
Don’t want to work anymore? File for sexual harassment and hope for a big payout.
Worried about losing your husband? Claim you didn’t give consent and that ‘he made you do it’.
(I’m aware that males can sue for sexual harassment but cmon, when was the last time you heard that happen?).
It might sound harsh but if you’re going to accuse someone in a high profile (it doesn’t have to be a public high profile) of something as serious and personally damaging as sexual harassment, then you should be prepared to stand by your words. Especially if the details of the person you’re accusing magically get leaked before any action is taken.
Does anyone honestly think that McInnes own personal life hasn’t been intruded upon nor has he had people sifting through every nook and cranny of his personal life?
Of course he has and it’s only natural in a case like this.
Vultures are everywhere and the rich and powerful make for juicy targets – moreso if you’re a successful male. Just the mere association of sexual harassment is enough to trash someone’s reputation and it’s completely ridiculous to suggest that there be no personal liability for doing so.
I’m not for a second suggesting the Fraser-Kirk and the three other women who are accusing McInnes of sexual harassment are lying… but without any sense of public naming and shaming for lying – what’s stopping future would be accusers from running riot?
What’s good for the goose is good for the gander; if the accussed are to be named then so must the accusers. Anything less and we’re just leaving the door wide open to blackmail and gold digging.
Worst case scenario I know, but do we really expect anything less in a modern day litigious frenzied society?
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September 28th, 2010 at 3:31 am Neil(Quote)
I think you can’t equate not guilty to innocent. Just because someone is found not guilty in a court of law, doesn’t make the person innocent and in most cases it just means that the jury couldn’t prove beyond reasonable doubt that the person is guilty of the crime. (Note: US Speaking, but guessing it’s similar in OZ)
In a case of sexual harassment, a lot of times it comes down to his word vs. hers. So unless, the accuser admits she (or he) made up the story then you can’t really be sure.
Of course $37 million is probably not a good way to avoid a golddigger label.
BTW, who the hell shops at DJ? Can’t believe it’s still in business.
September 28th, 2010 at 4:02 pm ozsoapbox(Quote)
@Neil
Perhaps not irrevocably but in the eyes of the law, yes. With thirty seven million dollars hanging in the balance you’d want to think Fraser-Kirk has some solid evidence. McInnes resignation might allude to that something happened that could be interpreted as sexual harassment, or that he is infact guilty.
Either way he’s been named and suffered negative consequences regardless of whether he’s guilty or not. The accusers don’t deserve amnesty just because their poor widdle fragile females (which is the card Fraser-Kirk and her lawyers are clearly playing here).
True and if it really does come down to this, I’d hope the jury look at the money being sought and the former position of the accused. I suppose we’ll have to wait and see what the details of the other three women are too.
If all legitimate claims though, I’m kinda more inclined to believe that McInnes was probably more of a serial womaniser than intentionally causing sexual harassment.
Mind you if it wasn’t consentual than that’s no excuse. With four women involved though it’s very easy to see how it can get nasty.
I only ever went there for Geofrey Beene shirts… don’t know if anyone else stocks them in Australia.
September 28th, 2010 at 11:17 pm smithee(Quote)
I think Little Miss Hyphen will shoot herself in the foot before all is done.
September 29th, 2010 at 12:58 am PeterF57(Quote)
I know I’ll be upsetting the likes of babyblue2 here, being the racist bigotted pig that I am, but, just like in our indigenous world, it’s all about the money. I use the word indigenous here, instead of black, as I don’t wish to cause an exploding head (or is that imploding?). Even though I consider myself as indigenous as any blackfella in Australia, having been born here, but I digress.
The question that needs to be asked here is, ‘Why did it take so long for these gold diggers to come out of the slime?’ These days sexual harassment is taken very seriously, and at the first hint of any impropriety the harassed person must go to the boss or human resources officer or whatever it’s called, and make a complaint, so it can be sorted before it gets right out of hand.
But no, these gold diggers know where their bread might be buttered, and how to milk the system. I do hope the jury or judge can see through this. The same goes for Hyphen girl, who should have fronted up and made her complaint, instead of waiting for the alleged incident count to build.
As for the case, nobody has any idea really what happened, and his resignation means nothing. That’s either his, or the board’s way, of lessening the damage, the public seeing that DJ’s is doing something, or like everything these days, to be seen to be doing something, just like our KRuddster doing the apology thing without any tangible effects on the ground.
And babyblue2, did you love the way I did the old segue into the blackfella world again?
September 29th, 2010 at 2:44 pm JJ(Quote)
http://www.news.com.au/business/business-smarts/kristy-fraser-kirk-must-reveal-witness-names-case-against-david-jones-and-its-ex-ceo-mark-mcinnes/story-e6frfm9r-1225931757045
So they’re actually being forced to reveal the names
September 30th, 2010 at 2:13 pm smithee(Quote)
Now she is crying that she’s all stressed an anxious !
http://www.abc.net.au/news/stories/2010/09/30/3026002.htm?section=business
So she’s bringing the case to court, wants $37 million, has encouraged others to join, and now wants sympathy because it’s all so stressful ?
It’s early days so I didn’t expect to see the gun pointed at her own foot quite so soon.
September 30th, 2010 at 2:34 pm ozsoapbox(Quote)
Wow what a princess.
Seems that playing the ‘we don’t want to tell you our witness names so we can surprise you’ angle didn’t work so now they’re going for a huge sympathy vote.
I really hope DJ don’t cave and settle, this type of carrying on doesn’t deserve to be rewarded.
September 30th, 2010 at 5:21 pm ozsoapbox(Quote)
Hmm, now a whole bunch of text messages have just been made public;
Seems he kissed her and she didn’t like it. Dunno if that’s worth 37 million but it appears McInnes does have a case to answer for.
Still no excuse to have a cry about the media hounding you though. Anybody should have been able to see that coming a mile away, especially Fraser-Kirk’s legal team.
Either way I’m quite enjoying this story, it’s been an interesting few days!
October 2nd, 2010 at 2:54 am ozsoapbox(Quote)
Lol, a private eye involved is going to launch legal action against Fraser-Kirk.
Bombing her?! Haha I think someone’s watched too many James Bond movies.
Loving this case so far it keeps getting better.
October 28th, 2010 at 11:24 pm T(Quote)
Your all W&*nk3rs and too quick to judge get on wth your own lives!!! Sexual harassment and builling women is not a light matter!!!! Again… W&)nk3rs!!!!
October 29th, 2010 at 2:34 am PeterF57(Quote)
Mister T, I pity you fool!!
I don’t think anybody on here has come out and written that sexual harassment and builling (sic) are wonderful pastimes to take up for recreation.
We have just queried her motives, and her subsequent out of court settlement, when before it was all about those other poor wretches (women) in the workforce. That is all.
And if you must know, yes, I am a wanker. I quite like it when I’m not getting any action. It helps me sleep. So not only are you a scholastic genius in the written word, you know of my occasional nocturnal habits.
Bravo young man.
October 29th, 2010 at 4:26 am ozsoapbox(Quote)
@T
Precisely why if you’re going to level the accusations at someone you shouldn’t be able to do so from beneath a veil of anonyminity.
It’s a serious charge and if the accused is to be named then so should the accuser. If you’re not comfortable enough with your case to proceed following being scrutinised by the public (in high profile cases anyway), then have a sit down and think real hard about what happened.
When you’re certain, then by all means proceed but don’t expect to be able to do so anonymously.