Media Reportage of Sexual Harassment: the (In)credible complainant

Keziah Judd, Patricia EASTEAL

Research output: Contribution to journalArticle

Abstract

Studies of court and conciliation decisions about credible complainants and legitimate sexual harassment. In determining what is reasonable and indeed in assessing whether behavior was sexual and unwelcome and resulted in humiliation, it is often the complainant‘s identity, history and behaviour that are scrutinised and evaluated by conciliators and judicial officers. Youth can enhance credibility if the alleged harasser is older. Also, credible victims fight back, report immediately, are consistent in their evidence, are able to particularise and testify either in a non-aggressive and not too 'smart‘ manner or make an argumentative presentation coupled with confidence. Judicial commentary about the complainant‘s relationships, dress and attitudes to sexuality is a chilling echo of Catharine MacKinnon‘s 1979 observation that sexual harassment was often dismissed as "trivial, isolated, and 'personal,‘ or as universal 'natural‘ or 'biological‘ behaviours…"
Original languageEnglish
Pages (from-to)1-17
Number of pages17
JournalDenning Law Journal
Volume25
Issue number1
Publication statusPublished - 2013

Fingerprint

sexual harassment
credibility
sexuality
confidence
history
evidence

Cite this

Judd, Keziah ; EASTEAL, Patricia. / Media Reportage of Sexual Harassment: the (In)credible complainant. In: Denning Law Journal. 2013 ; Vol. 25, No. 1. pp. 1-17.
@article{fefa0e49f6774fcaa947fc6a90bcf457,
title = "Media Reportage of Sexual Harassment: the (In)credible complainant",
abstract = "Studies of court and conciliation decisions about credible complainants and legitimate sexual harassment. In determining what is reasonable and indeed in assessing whether behavior was sexual and unwelcome and resulted in humiliation, it is often the complainant‘s identity, history and behaviour that are scrutinised and evaluated by conciliators and judicial officers. Youth can enhance credibility if the alleged harasser is older. Also, credible victims fight back, report immediately, are consistent in their evidence, are able to particularise and testify either in a non-aggressive and not too 'smart‘ manner or make an argumentative presentation coupled with confidence. Judicial commentary about the complainant‘s relationships, dress and attitudes to sexuality is a chilling echo of Catharine MacKinnon‘s 1979 observation that sexual harassment was often dismissed as {"}trivial, isolated, and 'personal,‘ or as universal 'natural‘ or 'biological‘ behaviours…{"}",
keywords = "sexual harassment, victim credibility, media reportage and legal outcome",
author = "Keziah Judd and Patricia EASTEAL",
year = "2013",
language = "English",
volume = "25",
pages = "1--17",
journal = "Denning Law Journal",
issn = "0269-1922",
number = "1",

}

Judd, K & EASTEAL, P 2013, 'Media Reportage of Sexual Harassment: the (In)credible complainant', Denning Law Journal, vol. 25, no. 1, pp. 1-17.

Media Reportage of Sexual Harassment: the (In)credible complainant. / Judd, Keziah; EASTEAL, Patricia.

In: Denning Law Journal, Vol. 25, No. 1, 2013, p. 1-17.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Media Reportage of Sexual Harassment: the (In)credible complainant

AU - Judd, Keziah

AU - EASTEAL, Patricia

PY - 2013

Y1 - 2013

N2 - Studies of court and conciliation decisions about credible complainants and legitimate sexual harassment. In determining what is reasonable and indeed in assessing whether behavior was sexual and unwelcome and resulted in humiliation, it is often the complainant‘s identity, history and behaviour that are scrutinised and evaluated by conciliators and judicial officers. Youth can enhance credibility if the alleged harasser is older. Also, credible victims fight back, report immediately, are consistent in their evidence, are able to particularise and testify either in a non-aggressive and not too 'smart‘ manner or make an argumentative presentation coupled with confidence. Judicial commentary about the complainant‘s relationships, dress and attitudes to sexuality is a chilling echo of Catharine MacKinnon‘s 1979 observation that sexual harassment was often dismissed as "trivial, isolated, and 'personal,‘ or as universal 'natural‘ or 'biological‘ behaviours…"

AB - Studies of court and conciliation decisions about credible complainants and legitimate sexual harassment. In determining what is reasonable and indeed in assessing whether behavior was sexual and unwelcome and resulted in humiliation, it is often the complainant‘s identity, history and behaviour that are scrutinised and evaluated by conciliators and judicial officers. Youth can enhance credibility if the alleged harasser is older. Also, credible victims fight back, report immediately, are consistent in their evidence, are able to particularise and testify either in a non-aggressive and not too 'smart‘ manner or make an argumentative presentation coupled with confidence. Judicial commentary about the complainant‘s relationships, dress and attitudes to sexuality is a chilling echo of Catharine MacKinnon‘s 1979 observation that sexual harassment was often dismissed as "trivial, isolated, and 'personal,‘ or as universal 'natural‘ or 'biological‘ behaviours…"

KW - sexual harassment

KW - victim credibility

KW - media reportage and legal outcome

M3 - Article

VL - 25

SP - 1

EP - 17

JO - Denning Law Journal

JF - Denning Law Journal

SN - 0269-1922

IS - 1

ER -