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Sexual Harassment

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Since so many public officials are being fired for sexual harassment and it has such an impact on working women and female students, should it be classified as a crime. Currently sexual harassment is prohibited by Equal Employment Opportunity and school and employment policies, but it is not a crime. Do you believe that sexual harassment should be a crime ? If so how should it be investigated ? How should it be punished ? This is a lengthy poll but please take it seriously. This is NOT a sexual poll, despite the fact that there are some adult themes which cannot be avoided based on the subject matter.
What is your gender ?
Male
Female
What is your age range ?
18-25
26-35
36-45
46-55
55+
What do you consider sexual harassment ?
Forcing someone to perform a sexual favor in exchange for work or school opportunity
Forcing someone to endure sexual groping and fondling
Forcing someone to endure sexual language and gestures
Exposing someone to sexual activity or displays
Would it be sexual harassment for a boss to ask a subordinate out on a date ?
Yes
No
Would it be sexual harassment for a coworker to ask a coworker out on a date ?
Yes
No
Do you believe that in modern USA a woman could realistically sexually harass a man ?
Yes
No
Since 98% of sexual harassment claims are by women who are harassed by men, would it be safe to establish the laws with an assumption that the harasser is male and the victim female ?
Yes
No
Would you be in favor of making sexual harassment a criminal offense, for which the offender could serve jail time or go to prison ?
Yes
No
Should women in the workforce and classroom have to be subjected to sexual harassment from co-workers, classmates, or supervisors ?
Yes
No
Who should determine whether the conduct in question constitutes sexual harassment ?
The court - regardless of gender
The school - regardless of gender
The business - regardless of gender
A group of female officials who are appointed to regulate sexual harassment
If you believe that a group of female officials should be appointed to regulate sexual harassment, should this group have female deputy representatives in all businesses and schools ?
Yes
No
Should the female deputy representative be an investigator with the duty to report her findings to the Sexual Harassment Board ?
Yes
No
What should the limits of the female deputy investigator be ?
The female deputy investigator should be able to take the complaint of sexual harassment from the victim
The female deputy investigator should be able to interview the complainant about the conduct that the victim feels is sexually harassing
The female deputy investigator should be able to interview the male defendant about the conduct that the victim feels is sexually harassing
What authority should the female deputy investigator have ?
The female deputy investigator should only be permitted to ask for cooperation, she should not have any police power to compel cooperation with any investigation
The female deputy investigator should have police authority to coerce and compel cooperation from any party to the investigation. She should have the power to use force or arrest anyone who refuses to participate in any aspect of the investigation
How should female deputy investigators be selected ?
They must apply with the government and pass a stringent background check
They must apply with the government, but no background check
They can apply directly to the school or business, with no background check
What qualifications must a female deputy investigator possess ?
A female deputy investigator must be a doctor or attorney
A female deputy investigator must be a college graduate
A female deputy investigator may be any female over the age of 16 who has a desire to prevent sexual harassment
How can possible sexual harassment be reported ?
The victim can inform a female deputy investigator
A witness can inform a female deputy investigator
The female deputy investigator can observe conduct and initiate an investigation
How much cooperation can the female deputy investigator compel from the female sexual harassment victim ?
None - the female deputy investigator should have no authority to compel any cooperation from the female victim, if she does not wish to cooperate the female deputy investigator cannot force her.
Total - the female deputy investigator should have the authority to compel total cooperation from the female victim in order to prevent re-occurrence of the harassment, assist the victim in her recovery from any trauma, protect the school or business from civil financial liability, and ensure successful prosecution of the male harasser.
If you believe that the female deputy investigator should have the authority to compel total cooperation from the female victim, what should the penalty be if the female victim refuses to participate in an investigatory interview regarding the incident ?
Nothing - the female victim should not have to participate in an interview
at school - the female victim should be expelled
at work - the female victim should be fired
in public - the female victim should be ticketed and fined
What should the penalty be if the female victim refuses to participate in a complete physical exam, in the presence of the female deputy investigator (which is exactly what currently occurs in the case of rape) ?
Nothing - the female victim should not have to undergo an examination
at school - the female victim should be expelled
at work - the female victim should be fired
in public - the female victim should be ticketed and fined
What should the penalty be if the female victim refuses to participate in the recovery of forensic evidence. The female deputy investigator will take full nude photographs of the female victim, to check for injury and to use in her interrogation of the male harasser (discussed later in the poll), she will also take a DNA sample, comb the pubic region for hair transfer, and examine the genitals (all of which currently occurs in the case of rape)?
Nothing - the female victim should not have to provide forensic evidence
at school - the female victim should be expelled
at work - the female victim should be fired
in public - the female victim should be ticketed and fined
What should the penalty be if the female victim refuses to participate in undercover case investigation, which could include: phone calls to the male harasser to elicit incriminating responses, wearing a body wire while talking to the male to elicit incriminating responses, or in some cases, if the harassment involved an offer of sex for favors (promotion or better grades) the victim would be required to follow through with the exchange of sex in order to "sting" the harasser (while on video observed by the female deputy investigator) ?
Nothing - the female victim should not have to participate in the investigation
at school - the female victim should be expelled
at work - the female victim should be fired
in public - the female victim should be ticketed and fined
What should the penalty be if the female victim refuses to participate in the trial of the male harasser before the Sexual Harassment Board, if she is subpoenaed to testify ?
Nothing - the female victim should not have to participate in the trail, despite subpoena
Jail - the female victim should be locked up for civil contempt of court until she is willing to testify (this is currently the law in all cases)
What should the penalty be if the female victim refuses to participate in therapy to recover from her harassment, if recommended by the female deputy investigator or the Sexual Harassment Board ? This therapy could include counseling sessions, group therapy, body image therapy, or any other mental or sexual therapy.
Nothing - the female victim does not have to undergo therapy, if she does not choose to
at school - the female victim should be expelled and waive any lawsuit
at work - the female victim should be fired and waive any lawsuit
in public - the female victim should be ticketed and fined
At the first stage of the investigation, if the harassment takes place at work or school, would be administrative. How much cooperation can the female deputy investigator compel from the suspected male sexual harasser ?
None - the female deputy investigator should have no authority to compel any cooperation from the suspected male harasser, if he does not wish to cooperate the female deputy investigator cannot force him.
Total - the female deputy investigator should have the authority to compel total cooperation from the suspected male harasser in order to prevent re-occurrence of the harassment, assist the victim in her recovery from any trauma, protect the school or business from civil financial liability, and ensure successful prosecution.
If you believe that the female deputy investigator should have the authority to compel total cooperation from the suspected male harasser, what should the penalty be if he refuses to participate in an administrative interrogation regarding the incident ?
Nothing - the suspected male harasser should not have to participate in an administrative interrogation, the matter should then be handled criminally
at school - the suspected male harasser should be expelled, and then arrested
at work - the suspected male harasser should be fired, and then arrested
in public - the suspected male harasser should be ticketed and fined
What should the penalty be if the suspected male harasser refuses to participate in a complete physical exam, in the presence of the female deputy investigator (which is exactly what currently occurs in the case of rape) ?
Nothing - the suspected male harasser should not have to participate in a physical exam, the matter should then be handled criminally
at school - the suspected male harasser should be expelled, and then arrested
at work - the suspected male harasser should be fired, and then arrested
in public - the suspected male harasser should be ticketed and fined
What should the penalty be if the suspected male harasser refuses to participate in the recovery of forensic evidence. The female deputy investigator will take full nude photographs of the suspected male harasser, to check for injury and to use in her interrogation of the male harasser (discussed later in the poll), she will also take a DNA sample, comb the pubic region for hair transfer, and examine the genitals (all of which currently occurs in the case of rape)?
Nothing - the suspected male harasser should not have to participate in a recovery of forensic evidence, the matter should then be handled criminally
at school - the suspected male harasser should be expelled, and then arrested
at work - the suspected male harasser should be fired, and then arrested
in public - the suspected male harasser should be ticketed and fined
The trial would be held before the Sexual Harassment Board (Board), made up of nine women, who are either elected, appointed, or hired. What evidence should the Board be allowed to review ?
Live testimony from the female victim
Live testimony from the female deputy investigator
Live testimony from any witnesses
Documentary evidence - DNA results, photographs from the female victim's examination, photographs from the suspected male harasser's examination, other photographic evidence
Video or audio evidence - phone calls, physical examinations, sexual encounters used as part of "sting" evidence
Live testimony from the suspected harasser
How public should the trial before the board be ?
Entire public is welcome - to the extent seating will permit
Semi-private - the female victim can invite guests for support, the suspected male harasser can invite guests for support, the Board members can invite special visitors
Private - Only the Board, the female victim, the suspected male harasser, attorneys, and Board invited special visitors
Should the Board be able to question and physically examine the female victim ?
No - her testimony should be a prepared narrative
The Board members should be able to ask questions for clarification, in open court, but they should not be able to physically examine the female victim
The Board can ask questions and physically examine the female victim in open court, if the proceedings are private
The Board can ask questions and physically examine the female victim, in open court, even if the proceedings are public
At the Board members discretion, can they interview and examine the female victim in "chambers" off the record ? This interview and examination would be to determine the extent of damages caused by the harassment, the penalty she wishes to impose on the male harasser, and determine the financial compensation that should be awarded to the female victim. In most cases it would be in the female victim's best interest to meet with the Board in "private."
No - All official proceedings must be on the record for public review and appeal
The Board members can interview the female victim in private if she chooses, but they cannot conduct a physical examination
The Board members can interview the female victim in private, regardless of her choice, but cannot conduct a physical examination
The Board members can interview the female victim in private and conduct any form of questioning or examination that they see fit, regardless of her consent and under threat of civil contempt and arrest. One or more Board members may take the female victim into "chambers" and those activities will remain private and off the record. However, they will comment on the record regarding her damages, desired penalty, and her personal cooperation with the Board members inquiry.
Who else should be permitted to question and physically examine the female victim in private, or be present during the Boards private "inquiry" ?
The Board appointed female advocate (attorney) for the female victim may be present, if she and the victim agree
The Board appointed female advocate (attorney) for the female victim may be present, if she believes it to be in the victim's best interest regardless of the female victim's choice, but may not participate in the questioning or examination
The Board appointed female advocate (attorney) for the female victim may be present and participate in the questioning and examination, if she believes it to be in the victim's best interest, regardless of the victim's choice
The female deputy investigator may be present and participate in the questioning and examination
At the conclusion of the prosecutor's case before the Board, presented by the female deputy investigator, the suspected male harasser (Defendant) will be able to present his case. Should the Board members be permitted to question and physically examine the suspected male harasser in private ?
All proceedings must take place in public for review and appeal
The Board should have the discretion to question and physically examine the suspected male harasser as they deem appropriate, but only if the suspected male harasser agrees; however, the Board can consider his refusal in there findings
Who else should be permitted to question and physically examine the suspected male harasser ?
Nobody - on the Board members in private
The male harasser's court appointed male or female advocate (attorney) may question and physically examine the suspected male harasser
The female deputy investigator may question and physically examine the suspected male harasser
The community watch or Board special visitors (male and female) may observe the questioning and examination of the suspected male harasser
At the conclusion of the trial, with all of the evidence in and any private questioning of the female victim or suspected male harasser, if any was done, the Board will make a decision. What should the burden of proof be in order to convict the suspected male harasser (defendant) ?
Beyond a shadow of a doubt that he intended for his conduct to sexually harass the victim
Beyond a reasonable doubt that he intended for his conduct to sexually harass the victim
Beyond a preponderance of the evidence (more likely than not) that he intended for his conduct to sexually harass the victim
Beyond a reasonable suspicion (likely) that he intended for his conduct to sexually harass the victim
Beyond a probable suspicion (possible) that he intended for his conduct to sexually harass the victim
If there was any evidence admitted that could possible be interpreted (even if far fetched) that he intended for his conduct sexually harass the victim
The previous questions dealt with the Board's authority to investigate (through the female deputy investigator) and adjudicate (in the trial and private questioning) the sexual harassment charges. Now, what should the authority of the Board be to punish the male harasser upon his conviction ?
None - they forward their findings to an actual superior court of law
They have the authority to order the male harasser expelled from school
They have the authority to order the male harasser terminated from employment
They have the authority to order the male harasser to pay a substantial fine to the community
They have the authority to order the male harasser to pay a substantial damages award to the female victim
They have the authority to order the male harasser to attend sexual harassment training and therapy (to be discussed later in the poll)
They have the authority to order the male harasser to be placed on a Board supervised probation (to be discussed later in the poll)
They have the authority to order the male harasser to be sentenced to jail or prison
If the Board determines that it will sentence the male harasser to sexual harassment training and therapy, do you believe that the therapist should be permitted to use any and all reasonable tools and methods to rehabilitate the male harasser, and that he must fully cooperate under penalty of jail or prison
No - the male harasser should only participate in therapy as he deems beneficial
Yes - the therapist may use any and all tools and methods and the male harasser must fully cooperate with the therapy or be sentenced to jail or prison
Should the therapist be permitted to use aversion therapy, in which the male harasser is shown various videos or photos and then is exposed to either a negative stimulus (a negative touch, kick or slap, or a negative smell such as ammonia smelling salt) or a positive stimulus (a pleasant touch or pleasant smell) ?
No - this is not appropriate for mere sexual harassment
Yes - the male harasser has been duly sentenced and this form of therapy is considered appropriate and is currently used in the healing profession
Should the therapist be permitted to use a plethysmograph, a device with measures the penile arousal of the male harasser while he sits or stands fully nude with a small device attached to his penis ?
No - this is far to embarrassing
Yes - the male harasser has been duly sentenced and this form of therapy is considered appropriate and is currently used in the healing profession
Who may be present in the room, while the plethysmograph is in use, male harasser will be fully nude spread eagle with a small device attached to his penis and his wrists lightly restrained ?
The female therapist
The female victim
The female victim's female advocate (attorney)
The male harasser's advocate (male or female)
The female deputy investigator
The female probation officer, if one is appointed by the Board
Any or all of the Board members
Any other person who is undergoing or awaiting plethysmograph treatment
If the therapist determines that in her opinion the male harasser has stripped the victim of her dignity or undressed the victim with his eyes, should the therapist have the authority to order the male harasser to present an apology to the female victim, and other female victims, while he is fully nude in order to show him how the victim felt ?
No - that is not appropriate
Yes - If the therapist determines that it is appropriate she has the final say?
Should members of the Board have a right to be present for the male harasser's "apology" therapy ?
No - there should be as few people as possible
Yes - the Board members can and should observe the "apology" therapy, because it will help to show the male harasser's cooperation with therapy and potential rehabilitation
Assuming that the male harasser is heterosexual, should the therapist be permitted to use both male and female roll players in the male harasser's sexual harassment therapy, the roll playing may involve nudity, groping, kissing, and some oral sex ?
the male harasser should not be required to participate in roll playing with a man
The male harasser should be required, as the therapist deems appropriate, to be nude during roll playing regardless of the other roll players
The male harasser should be required, as the therapist deems appropriate, to be groped by other roll players regardless of their gender, as this will instill in him how the victim felt by being sexually harassed by someone with whom she was not attracted
The male harasser should be required, as the therapist deems appropriate, to be kissed by other roll players regardless of their gender, as this will instill in him how the victim felt by being sexually harassed by someone with whom she was not attracted
The male harasser should be required, as the therapist deems appropriate, to perform oral sex on other roll players regardless of their gender, as this will instill in him how the victim felt by being sexually harassed by someone with whom she was not attracted
Who should be permitted to act as roll players during the male harasser's therapy ?
Staff at the therapy facility
The therapist herself
Board members
The female deputy investigator
Special volunteers selected by the Board and the therapist
When should the therapy be deemed complete ?
After a predetermined set number of sessions
Upon a predetermined completion date
When the therapist and the Board determine that the male harasser has fully benefited from therapy
If the Board orders the male harasser to be placed on Probation, what should the authority of the probation officer be ?
None - the probation officer merely writes a report to the Board at the end of probation
The probation officer should ensure that the male harasser has no negative contact with the female victim
The probation officer should attend the male harasser's sexual harassment therapy sessions
The probation officer should regularly drug test the male harasser through directly observed urine specimen collection
The probation officer, at her discretion and the discretion of the therapist, may act as a roll player in the male harasser's sexual harassment therapy
When should the probation of the male harasser be discharged ?
Upon a predetermined discharge date
When the Board determines that the male harasser has rehabilitated
When the male harasser was merely a suspect he had the discretion to meet with the Board members in private for questioning and examination. Should the Board give the now convicted male harasser a second opportunity to meet with them privately to determine the end of his probation ?
No - this would not be appropriate as the male harasser would not be free to decide for fear of extending his therapy or probation
Yes - However it is still the male harasser's choice as to whether to meet with the Board members in private, and the Board members may not consider his refusal as grounds to continue probation or therapy
Yes - However it is still the male harasser's choice as to whether to meet with the Board members in private, but the Board members may consider his refusal as grounds to continue probation or therapy, because they would each personally need to see how he has benefited from therapy
Is there anything else that you would like to the investigation, trial, or discipline process of a sexual harassment charge >
This poll was created on 2013-02-21 05:28:32 by Safer Women Legislator