You Can't Coach That

Protecting the Innocent

Much progress has been made in recent years in protecting those in our society who are in a position of vulnerability. For example, there are strict procedures in place to deal with allegations of abuse in the work place or in schools. These procedures are often mandatory and in the most serious cases require that the matter be referred to the police. I think that these measures are necessary and go a long way to ensuring that people in a position of power cannot misuse this power.

Here comes the but.....

It is my considered opinion that there is often a lack of balance in these matters. An allegation that is made and investigated can have one of two resolutions - either the allegation is found to have substance and the next stage of the process is commenced or the allegation is found to be baseless and ... well therein lies the problem as I see it.

In my experience (both personal and anecdotal) there is generally very little in the way of justice for someone against whom a false allegation is made. It seems that everyone is very relieved that they do not have to deal any further with what could be a difficult situation so the matter gets dropped quite quickly. This, often despite the fact that someone has had their reputation damaged, not mention been subjected to a degree of emotional turmoil.

Of course in the case of very serious allegations, the person who made the unfounded complaint would be dealt with in some way. I would argue however that in most cases this pales into insignificance compared to the impact of the investigation on the accused party. In cases which are prima facie less serious, there is often nothing done at all despite the fact that a reputation has still been damaged.

The bottom line is that mud sticks and people will remember that an accusation has been made against a person and some will wonder whether there was in fact something to the allegations. I would suggest that an groundless allegation would not follow the accuser to the same extent.

I am not saying for one minute that mandatory investigation or reporting should not take place or should be watered down in any way. This would not be good for anyone. I am saying however that specific measures need to be communicated regarding the consequences of a false accusation. Victims deserve to be protected regardless of what made them a victim.

Rant over.

I’ve always felt that our legal system was a bit misguided.  We are constantly repeating the mantra of guilty until proven innocent, however that doesn’t seem to be the case.  Take for example someone accused of sexual harassment.  That individual now carries a stigma with him regardless of how he is found in a court case.

What happens to the wrongful accuser?  Nothing, they simply walk away after putting someone through hell. 

Unfortunately, there is no easy way to fix such a situation as we can’t really make it difficult to make such a claim and file a lawsuit.  However, things do need to change in our society or we will end up suing our lives away and lose what freedoms we all value.

Morning Coach, Well, much money are made from allegations that are false.  Often companies will just pay off the so called victim to close the case.  In other words it would cost more to litigate that the payoff.  This is one problem. 

I see and agree with your point here, and until something is done when false alligations have been proven to punish the liar, then all of us will continue to be frustrated over this.  Excellent post here.  This too was one of my pet peeves while I was in the workforce.

To Rinsem - I agree we can’t make it hard for someone to make a claim - I think that if the consequences of making a false claim are communicated before such a claim is made the chances are diminished. I might follow up with a post on that.

To Comedy Plus - unfortunately Australia is starting to follow the US down the litigation path - more money for the lawyers.

Thanks for the comments.

Hey Coach,

I think that is an excellent idea.  If you file a claim and it turns out to be false, those consequences should be rather steep.  Considering the damage that person has done to one’s reputation, they should face similar consequences including fines and such. 

I’m sure some will argue that this will cause people to hesitate when bringing claims for fear that they are unable to prove guilt.  I say, good… that was the intention.  If someone is guilty, there should be enough evidence to prove that guilt - if you can’t find it, then you are wrong for starting the claim to begin with!