Is it right to say that “justice cannot be swayed by public opinion”?
Yes. Very true.
But it’s important to be clear about the target.
The phrase is addressed to the judiciary; as a judge, you can’t be swayed by public opinion, as a juror, you can’t be influenced by news coverage.
But it’s not addressed to the public, it’s not meant to tell the public, “Now that we’re in the judicial process, you can shut up. “
In fact, the more places that preach that you can’t interfere with justice, the more the news media and public opinion exposes, reports, discusses, argues, and protests about justice instead, the more messy it is, isn’t it?
Why should people support women who come forward to sue? Afraid of “overkill” and “political over correct”?
First of all, it is certain that we certainly can not be 100% sure of any facts, not to mention us, for a 2014 case was not established by the police, the court can not make a 100% determination of the facts, the court can only do, based on the testimony of witnesses on both sides, the plaintiff’s claim to support or not support.
I first give an example, I hope that friends who do not understand first to understand how difficult their situation in the end.
In China’s most economically developed province of Guangdong (not for Guangdong, just take one of the most developed regions to give an example), known as the “first case of sexual harassment in Guangdong Province,” the sanitation workers v. station manager’s case, guess the history of Guangdong Province to sexual harassment as the “first case”, which year is the court?
A: June 2020.
This is certainly not a problem in Guangdong, either.
According to the Guangdong Political and Legal Network, the first time a court in Guangdong Province upheld in principle the prosecution of “sexual harassment” (in fact, it can only be prosecuted and ruled on the grounds of personality rights and personal injury tort disputes) was in 2010. The first time a court in Guangdong Province upheld a sexual harassment suit in principle (which can only be brought and decided on the grounds of personality rights and personal injury tort) was in 2010. This case was known as the first successful sexual harassment lawsuit in the history of Guangdong Province. The compensation was 3,000 yuan, hmm.
[And the cause of action of “sexual harassment damage dispute” has only been in effect in China since January 1, 2019].
Then let’s think about two questions.
1, according to the Guangdong Political Law Network, the first time a plaintiff won a sexual harassment case in principle in Guangdong was in 2010. May I ask you, before 2010, was it possible that sexual harassment did not occur in Guangdong, a province with a large population?
2,After January 1, 2019, sexual harassment damages became effective as a cause of action, the “first case” of this cause of action was heard in Guangdong Province in June 2020. Why are there not more victims coming forward? Do you really think that one sexual harassment case in two years in a province with a large population is worth prosecuting?
I certainly don’t want to ask questions, because I have answers.
Because, well, it’s too difficult.
One of its difficulties is that many similar cases are not properly treated and handled at the first point of reporting to the police, and once that loop is dragged out, it is very difficult to prosecute in the future to get evidence and confrontation, or even to find any evidence witnesses.
But that’s not the hardest part.
Victims of sexual assault often have to endure the different eyes from the surrounding, unintentional speculation, appearance and personality insults, endless gossip.
To carry these, to fight a successful case and so few cases (even two years earlier even this cause is not, and then a few years earlier simply can not even see a successful case), which means that you must know 1, the probability of winning the case is not very large; 2, after the claim is not supported by the court, to suffer those malicious more will be doubled, and you, in clear of these two points, the premise of the step out.
Do you think, is it too easy, or too difficult?
So, the situation we are facing now, is it “easy to overdo it”, or, the protection of victims of sexual harassment is just beginning, the road is long, it?
Do you and I have the ability to sway justice by showing warmth and support to one person? Don’t kid yourself my friend, you’re new here. We are not judges, we can not influence justice, we should think about how to provide an environment that allows the vast majority of victims to come forward, as for how to come forward, after all, or they have to face the difficulties of the judicial process.
And what is the fact that we must be aware of? The fact that the absolute number of sexual harassment cases in any place with a large population is unlikely to be small. The fact is that very few people stand up for themselves. The fact is that the vast majority of perpetrators of historical sexual harassment have inevitably gone unpunished; the fact is that not only are false accusations not as “easy” as you make them out to be, but the opposite is true The truth is that not only are false accusations not as “easy” as you make them out to be, but on the contrary, those painful cases are far from “easy” to describe.
They are finally waiting for the day when “sexual harassment damages dispute” becomes a cause of action, but apparently the social environment is not ready for this day.
If, and I mean if, the public opinion environment is really tolerant and supportive enough for the victims, there is certainly no need for people to express their support when someone is brave enough to come forward to face these difficulties. So I thought that people were supporting not a specific person, but resisting the kind of public opinion environment that keeps the vast majority of victims from coming forward.
On the one hand, there is no shortage of sexual harassment, on the other hand, there are very few successful cases, and the cause of action has only just come into effect, and now you tell me you are worried about “overkill. “Oh ？？？？？
I also hope that the day when you need to worry about “overkill” will come sooner rather than later. I believe that all of us “internal forces”, should have such a hope is.
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