The “Stigma-ad-infinitum” that follows accusations of Sexual Misconduct

Dear Members and Advocates,

I’ll preface this update by reminding everyone that FAC stands strongly opposed to sexual assault of any kind. While we may object to the way offenders are dealt with by the criminal justice system and especially upon their release from that system, the underlying offenses are deserving of punishment.

The #metoo movement has created a culture that is quick to indict any individual accused of a sexual misdeed regardless of an opportunity to defend themselves and regardless of how remote the act was or whether they have already been punished for it. In Hollywood, it is as if any association with an alleged offender infects a project with “sex offender cooties” that renders the project terminal.

Case in point; “The Predator” (that’s the motion picture, “The Predator”, not “sexual predator”. The title is just an unfortunate coincidence). Last week actor Olivia Munn insisted that certain scenes of the movie be cut, because one of the actors appearing in the scene was a sex offender. Now it’s important to note that she wasn’t sexually assaulted by this actor and nothing illegal (or inappropriate) was alleged to have occurred during the filming, Fancy Miss Munn just didn’t think this guy deserves to be in her movie.

While it’s true the other actor is a person required to register as a sex offender, what did he do wrong in this case aside from showing up for work? Is Ms. Munn suggesting the man shouldn’t be allowed to work as an actor? It seems that is the case. It’s not like he’s trying to work in a pre-school. “The Predator” is not a children’s movie! And most importantly, who is Olivia Munn to dictate his scenes should be cut? Isn’t she the same actress who appeared topless in “Magic Mike”, a movie about male strippers?

The self-righteous Olivia Munn is probably one of the last people who should be judging others, so shame on her. But also shame on 20th Century Fox for deleting the scenes in which the other actor appeared. Shame also on Shane Black, the film’s director, who was supposedly friends with the other actor and allowed his friend to be thrown under the bus. Are they so worried about financial backlash that they will so easily toss integrity or even their friendships out the window?

The same thing is happening in the University system. Recent changes to the enforcement of Title IX of the Educational Amendments Act allow colleges and universities that receives federal funds to be held legally responsible when it knows about and ignores sexual harassment or assault in its programs or activities. There is no question that sexual assaults are prevalent on campuses across the country. But a school’s fear of backlash or losing funding is creating a culture where a mere accusation is enough to destroy an individual’s life without any opportunity to defend themselves.

Thankfully, the 6th Circuit, in Doe v. Baum, et al., didn’t allow that to happen last week, when they found the University of Michigan violated a student’s due process rights by not allowing him to cross-examine his accuser before they kicked him out of school. The court recognized how life-destroying the stigma of being a “sex offender” can be and found that the cost of being labeled a “sex offender” is far greater than the cost of the university providing the accused the right to be heard.

As mentioned at the beginning of this update, FAC is expressly against sexual assault. That said; we cannot allow these “movements” to become witch hunts or to create a culture of panic where people just trying to live their lives are targeted and punished without the opportunity to defend themselves. As with the “Adam Walshes, Megan Kankas and Jessica Lunsfords” there will be the extreme “Harvey Weinsteins”. We acknowledge these cases exist, but they are the aberration, not the norm. Even in the midst of hysteria, common sense and constitutionality have to prevail.

Sincerely,

The Florida Action Committee

SOME HEADLINES FROM THIS WEEK

 

6th Circuit Rules: The stigma of being identified as a sex offender outweighed the cost.

The 6th Circuit got it right again! The same court which sided with persons required to register as sex offenders in Does v. Snyder, issued another well-reasoned decision in Doe v. Baum, et al. The case concerned the “he said/she said” situations which can arise with…

Are you a victim of entrapment in a sex offender sting?

A prominent reporter from Central Florida who had written a series of articles on “sex offender stings” a few years back, highlighting the methods police departments used to entrap people into committing attempted “sex crimes” on an non existent victim, is doing a…

PA: Math Professor Unjustly Fired for Sex Offense 25 Years in His Past

A Pennsylvania Court ruled last week that a University Professor who was terminated after the discovery of a sexual offense 25 years in his past was fired unjustly and entitled to reinstatement and damages. in 1990, before the plaintiff became a Lock Haven University…

And it’s not Punishment? Roy Moore Sues Sasha Baron Cohen for “Sex Offender” Segment

It was one of the funniest episodes of Sasha Baron Cohen’s Showtime Series, “Who is America”. Cohen, disguised as Israeli “Colonel Erran Morad”, interviews former Alabama Senate Candidate Roy Moore. During the interview he shows Moore a device purportedly used by the…

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