After several years of the Meritor case, the admissibility of such evidence occurred less with Rule of 412 which, “forbids the introduction of a victim’s prior sexual behavior as evidence in cases involving sexual misconduct, including sexual harassment. Unfortunately, the Rule itself does not define prior sexual behavior. But the accompanying Advisory Committee Notes, which are not binding on courts but serve as guidelines for interpreting the rules, state that the prior sexual behavior should be construed to include mode of dress, speech, or lifestyle” (151). Though Supreme Court state that a targets dress could be potential evidence to use in sexual harassment cases, under the Rule of 412 the instructive notes by far, do not affect the determination given in an issue interpreting the rule. Women’s appearance should not be used against them when issued in court trials. They should not be categorized for their attire nor should women be seen as target. A women in a sexual harassment crime is a victim and as victim should not be held accountable for the actions committed against her in any circumstances. A women’s attire should not be used as evidence to justify the intentions the harasser had against his victim and it should not be used as evidence to determine a women’s intentions behind her attire.
As a result of various research, I came to the conclusion the mentality o...
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...ted a misconception of demonstrating free will and self-expression. It classifies a person and their way of being different, in this particular case; a women as targets and at own fault. It affects how a woman’s appearance is viewed in society and how she views herself; causing a women to blame the victim at fault for wearing what they felt was wrong in the eyes of society and opinions of others. Women no longer stand on their own expression or self-esteem but rather as what society feels is appropriate or not. This no longer allows a woman to feel confident in who they are as a woman. A woman should not have to cover their self-expression through clothing in order to maintain the well-being of themselves from harm. For that reason, I stand strong behind my position and disagree with every factor or attribute used against a women when victimized of sexual harassment.
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