The Role of Forensic Psychiatry in the Defense of Sexual Harassment Cases

Feldman-Schorrig, Sara; McDonald, James J.

doi:10.1177/009318539202000103

Cited by 12 publications

(22 citation statements)

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“…The literature, although scant, supports that false allegations of sexual harassment are more than a theoretical possibility and that false allegations compose part of the error rate associated with determinations of sexual harassment investigations. The reasoning for this conclusion comes from a variety of sources (Feldman-Schorrig, 1995, 1996Feldman-Schorrig & McDonald, 1992;Porter & Yuille, 1995;Streseman, 1995;Zepezauer, 1994). Although there have not been any empirical studies of the Type I errors associated with sexual harassment determinations, studies of Type I errors have been completed in related fields.…”

Section: Do False Allegations Of Sexual Harassment Exist?mentioning

confidence: 99%

“…For example, there is evidence that false allegations of rape occur (Feldman-Schorrig, 1995, 1996Feldman-Schorrig & McDonald, 1992;Porter & Yuille, 1995;Streseman, 1995;Zepezauer, 1994). Along with these data, this conclusion is also based on several studies in areas of overlap such as false allegations of rape.…”

Section: Do False Allegations Of Sexual Harassment Exist?mentioning

confidence: 99%

“…The Equal Employment Opportunity Commission has thousands of complaints of sexual harassment and again it would be a political act rather than an epistemic one to deny the existence of this claim. Further, various sources support the notion that rather than one case of a false sexual harassment allegation there is a constant rate of false sexual harassment allegations (Feldman-Schorrig, 1995, 1996Feldman-Schorrig & McDonald, 1992;Streseman, 1995;Zepezauer, 1994).…”

Section: The Context Of Political Correctnessmentioning

confidence: 99%

“…Despite the theoretical and practical importance with discovering and reducing these Type I (or false positive) errors, there has been little attention given to this issue. The literature, although small, has discussed some of these issues (Dershowitz, 1993;Feldman-Schorrig, 1995, 1996Feldman-Schorrig & McDonald, 1992;McDonald & Lees-Haley, 1994;Streseman, 1995;Terrell, 1998). The following is a brief introduction to many of the aspects that are found in forensic determinations of sexual harassment which concludes with a discussion of potential pathways to false allegations of sexual harassment.…”

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confidence: 99%

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Pathways to false allegations of sexual harassment

O’Donohue

Bowers

2006

J. Investig. Psych. Offender Profil.

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Key words: sexual harassment; false allegations; investigations; lying A critical problem in both the epidemiology of sexual harassment and in administrative or legal inquires regarding allegations of sexual harassment is determining the truth of any allegation. Certainly, some cases are clear or at least sufficiently clear to render a decision with a fair degree of confidence, for example, when there are confessions, recordings of the acts, or reliable third party witnesses. Also, it is clearly the case that many acts of sexual harassment occur but are never reported. Moreover, it may be reasonable to stipulate that most sexual harassment allegations are true, that is, most people most of the time do not lie and can honestly report events, and there seems to be no exception in this domain of sexual harassment.However, resolving disputed allegations is complex as there are important and unresolved questions about the burden of proof, (i.e. the evidential standard someone must

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Section: Do False Allegations Of Sexual Harassment Exist?mentioning

confidence: 99%

Section: Do False Allegations Of Sexual Harassment Exist?mentioning

confidence: 99%

Section: The Context Of Political Correctnessmentioning

confidence: 99%

mentioning

confidence: 99%

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Pathways to false allegations of sexual harassment

O’Donohue

Bowers

2006

J. Investig. Psych. Offender Profil.

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“…9For example, Feldman-Schorrig and McDonald (1992) asserted: “There is strong evidence that a substantial proportion of women who file sexual harassment claims are not only hypersensitive to sexual cues but may be driven to seek out and, if need be, manufacture situations similar to past experiences that they later label as harassment” (p. 15). The evidence to which they refer is a 1989 article by Bessel van der Kolk that makes no mention of sexual harassment plaintiffs.…”

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confidence: 99%

Junk logic: The abuse defense in sexual harassment litigation.

Fitzgerald

Buchanan

Collinsworth

et al. 1999

Psychology, Public Policy, and Law

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Recently, some defense-oriented authorities have proposed that a history of childhood sexual abuse can be used to attack virtually every aspect of a sexual harassment claimant's case, including the issues of unwelcomeness, reasonableness, damages, and even credibility. The authors critiqued these claims, arguing that they are not only grounded in faulty logic and fallacious reasoning but furthermore ignore or distort the large body of data that contradict them. Using evidence from 2 empirical studies, they argued that there is no scientific evidence for the claims of the "abuse defense" and provided a discussion of the dangers it poses to the integrity of the scientific contribution to judicial decision making. They concluded by briefly describing an alternative to the traditional method of damages determination that circumvents some of its most regressive aspects.It is by now generally accepted that sexual harassment is a serious problem for individuals and organizations alike. Since the passage of the Civil Rights Act of 1991 first provided for compensatory and punitive damages at the federal level, the stakes for both sides have become higher and legal claims ever more vigorously contested. Defendants typically raise a number of substantive defenses to liability, including that the alleged events never occurred or, if they did, were trivial or not unwelcome to the complainant or that respondent organization took prompt remedial action. Even when the organization is found to be liable, defendants seek to avoid substantial judgments by arguing that they were mainly joking or engaging in "horseplay" and that the plaintiff could not have been significantly damaged.

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Perceptions of Female Offenders

Russell¹

2013

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The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a speci fi c statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein.

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The Role of Forensic Psychiatry in the Defense of Sexual Harassment Cases

Cited by 12 publications

References 0 publications

Pathways to false allegations of sexual harassment

Pathways to false allegations of sexual harassment

Junk logic: The abuse defense in sexual harassment litigation.

Perceptions of Female Offenders

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