Silence is not just assent, it is complicit consent - Capitol Hill edition - Part 2

Angela Rye is a CNN commentator, attorney and former executive director of the Congressional Black Caucus.  She was on CNN this morning in a discussion regarding the allegations made against Senator Al Franken (D-MN) and Congressman John Conyers (D-MI).  Before we get to her comments, let's review the allegations against each.

Al Franken is accused of forcing his tongue into the mouth of Leeann Tweeden at a USO show rehearsal, and we've all seen the photo of him groping or simulating the groping of her breasts as she slept on a plane.  Three other women have accused him of groping their buttocks between 2007 and 2010.

As to John Conyers, let's let an excerpt from the Buzzfeed story on the subject tell the story:

"Michigan Rep. John Conyers, a Democrat and the longest-serving member of the House of Representatives, settled a wrongful dismissal complaint in 2015 with a former employee who alleged she was fired because she would not “succumb to [his] sexual advances.”

Documents from the complaint obtained by BuzzFeed News include four signed affidavits, three of which are notarized, from former staff members who allege that Conyers, the ranking Democrat on the powerful House Judiciary Committee, repeatedly made sexual advances to female staff that included requests for sex acts, contacting and transporting other women with whom they believed Conyers was having affairs, caressing their hands sexually, and rubbing their legs and backs in public. Four people involved with the case verified the documents are authentic."

Ms Rye was very upset that while there have been calls for Mr. Conyers to resign from Democrats, there have been no such calls from most Democrats in the case of Mr. Franken.  She made it clear that she considers the allegations against the two to be one and the same.

Both men are accused of doing something that is wrong.  However, they are not on the same level.  Firing a woman who rebuffed your sexual advances when you were in a supervisor/subordinate relationship is a far worse allegation in my eyes.  Both men touched women who did not want to be touched, that much is true.  But the contexts are very, very different.

Buzzfeed also reports that another lawsuit was initially filed against Mr. Conyers but was later dismissed when the judge ruled it could not be filed under seal.  

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That being said, the issue of just how Congress and other organizations should deal with allegations like those being leveled at Conyers, Franken and others; the Los Angeles Times took up the issue in an editorial in its Sunday edition.  

"Here’s one policy that should be obvious: Anyone under investigation for serious sexual misconduct involving staff ought to be off the job — suspended with pay, that is — until the case is resolved. The Legislature isn’t just a lawmaking body; it is the employer of hundreds of people who should be able to do their jobs without fear of sexual predators."

That is an excellent idea.  Allegations should be investigated.  Suspensions with pay preserves the presumption of innocence.  That's not to say a private employer cannot choose to act as The Weinstein Company did in choosing to fire Harvey Weinstein.  As long as they are in compliance with their own internal personnel policies, and adhering to the terms of any employment contracts that are in place, they have the right.

Dr. Oz was on a morning news show local to the L.A. area this morning.  He mentioned that a woman who is a rape survivor had talked to him, claiming that the lumping of harassment, unwanted touching and other offenses that do not rise to the level of rape; devalue her experience as a rape survivor.

Should someone's career end because they told an off-color joke?  Touched a colleague on the arm when the touch was not approved in advance?  I complimented a client the other day that she looked very nice.  She'd been in the office a number of times, and on this occasion was dressed much more formally than on her prior visits.  I actually checked to make sure I had not given offense and she said "there's no problem with a sincere compliment."

If we want women to feel safe, we need to establish and respect boundaries.  Unwanted touching of someone who is a stranger is never okay.  As we forge relationships with others, we erect those boundaries.  It is a process that we need to be more cognizant and conscious of.