How Laws Change With Society
Society is not static. It has to change in order to move forward. Some people will regard those changes as good, while others will decry them as bad. Change is going to happen anyway. The United States may be in the middle of a large shift in how we view allegations of sexual misconduct and assault, especially when they’re made against powerful men. This has made a few people nervous. They’re afraid that hugging a woman or flirting with a Society is not static. It has to change in order to move forward. Some people will regard those changes as good, while others will decry them as bad. Change is going to happen anyway. The United States may be in the middle of a large shift in how we view allegations of sexual misconduct and assault, especially when they’re made against powerful men. Furthermore, discrimination in the workplace is being taken a lot more seriously in the modern-day, leaving many employees searching “employment discrimination lawyer near me” to find someone to represent them against their employer. This has made a few people nervous. They’re afraid that hugging a woman or flirting with a woman is going to be a criminal offense now. But context still matters. Change may seem to happen rapidly, and occasionally it does, but there are usually bursts of change interrupted by a backlash, followed by more change, followed by a backlash until finally, we reach a point where something that was once seen as broadly acceptable no longer is or vice versa. By the end of this process, the laws have often changed along with the societal mores.
The Domino Effect
The Harvey Weinstein shoe was the first one to drop in late 2017 with press reports that the famous Hollywood producer had harassed or assaulted dozens of women. While Weinstein has not gone to jail, his career is essentially over, and he’s been the subject of multiple police investigations in multiple cities. Similar things have happened to other big names like Kevin Spacey and Matt Lauer. Generally speaking, the more accusations there are, the more likely it is that the accused will become persona non grata in their chosen field. The domino effect began in October and has so far continued. More and more women (and some men) see media reports of allegations and find the courage to get the ball rolling. But the effects are also being felt outside of the major coastal cities.
The Past and Future
It’s important to know that “sexual harassment” wasn’t really a term until sometime in the 1970s. It’s usually used as a reference to misconduct in the workplace, like when a superior tries to threaten an employee with a bad work review unless she performs sexual favors for him. In the 1980s, the Equal Employment Opportunity Commission decided that sexual harassment was a type of sex discrimination. Neither of those developments stopped the behavior, just like today’s movement won’t stop the behavior, but they are part of how we got to where we are today. Not many people know this, but states didn’t begin outlawing marital rape until the 70s, and the last state outlawed it in the 90s. Nowadays, most people would agree that a husband should not sexually assault his wife. But at one point not too long ago, the assumption was that marital rape couldn’t happen because a woman, once married, could never tell her husband no.
Sexual harassment laws can and do change just like all other laws concerning sexual behavior. The threshold for a civil lawsuit is always going to be lower than the threshold for criminal charges, and sexual assault is often one of the hardest things to prove in criminal court, for several reasons. The conversation that’s been happening for the last few months may be uncomfortable, but it’s also necessary in order for society to continue evolving in the right direction.
