The #MeToo movement has
galvanized women and women's groups to call out, respond to, and challenge
pervasive sexual harassment in workplaces as varied as Uber, Hollywood, and
Congress. Charges, as well as civil lawsuits are being filed. But what will
happen if and when these cases go to trial? Sexual harassment cases are
notoriously "he said, she said," situations subject to the
interpretations of the "reasonable" or "objective" person,
and social standards and mores about what does and does not cross the line. Recent
backlash against what constitutes harassment blurs the lines between actionable
wrongs, poor judgment, and bad manners. This panel will examine the evidentiary
basis for sexual harassment claims, the problems of proof with credibility
issues, the evidentiary standards of civil and criminal cases, and the
challenges and opportunities for litigants in the courtroom.