Trying an Accused Serial Sexual Harasser for Libel in a US Civil Court
Ładowanie...
Data wydania
2020
Autorzy
Tytuł czasopisma
ISSN
1898-5238
eISSN
2380-0550
Tytuł tomu
ISBN
eISBN
Wydawca
Oficyna Wydawnicza AFM
Abstrakt
The goal of this article is to provide a class of MeToo# victims of a high-profile serial sexual
harasser with a non-invasive method for civil action, when the accused publicly dismisses the
victims’ claims as lies. When these libelous claims do occur, the victims can be assembled into
a class-action libel/defamation case, which in most US states must be mounted within two
years of the claim. Because under current civil methods, the plaintiffs would be subject to intense
cross-examination in a civil jury trial, class-action lawsuits with small numbers of plaintiffs (e.g. 5–8) have proven impossible to conduct. This article provides a blueprint to create
a collaboration amongst the victims, credibility-assessment (lie-detector) experts, statisticians,
and MeToo# attorneys to litigate libel suits, which will likely produce out-of-court settlements.
Once the first case is successfully completed, precedent will be set to bring other perpetrators
to justice, and act as a deterrent to future exploitation. The evidentiary basis would be based on
testing the null hypothesis that all plaintiffs are lying, to compare the inferred lying rates of the
plaintiffs to similar population controls, who would be known liars, to a “Yes” answer to “Did
X sexually harass you?”
Opis
Tematy
Słowa kluczowe
Źródło
European Polygraph 2020, nr 2, s. 37-47.