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Sexual Assault and Harassment

 

            When sexual assault (SA) or sexual harassment (SH) is reported, it can be very difficult to prove that it was non-consensual action on behalf of the victim. Many times, when victims report SH or SA, a decision to convict a defendant is made based on the defendant's criminal intentions at the time the act is committed. For a defendant to be convicted of a crime, his or her intentions and actions must coincide. In the article "Date Rape" by Lois Pineau, she disagrees on the fact that in order for a defendant to be found guilty of sexual assault "he must have believed that his victim did not consent or that she was probably not consenting" (453). In addition, Pineau claims that women need to be provided with more legal protection against these sexual attacks that come from perpetrators who take advantage of their physical and social dominance over women. In accordance with Pineau, Anita M. Superson's article " Sexual Harassment" admits that SH is too loosely treated in courts and that the making of decisions with regards to SH is usually made based on the perpetrator's beliefs and intentions he admits having about the action committed against the victim (453). There are similar topics mentioned in both texts, for example, the myths that surround SA and SH, the government's role, and the problems that women face regarding the socially accepted male dominate behavior and female submissive roles. The topics include similar opinions as well as proposed solutions, but both authors strive for one main goal: to provide more protection for women against these types of assaults. .
             The laws on SH and SA may be changing with a purpose to protect and serve justice to the victims of SH and SA. However, the fact that there are changes in law with a different aim to protect SH/SA victims does not entirely mean that they are effective. Superson points out, that "the fact that SH is still so pervasive shows that there is too much tolerance of it, and that victims do not have sufficient legal recourse to be protected" (442).


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