Published
3 weeks agoon
By
Supriya
Defense Secretary nominee Mark Esper is under investigation following accusations of sexual assault by a former colleague. A story that stirred plenty of frenzy, lawyers say Esper settled the complaint against him with the complainant for a certain amount of money in order not to have drawn-out litigation, but Esper simply denies any role in the alleged sexual assault.
The scandal first surfaced through a lawsuit filed by an unknown woman, referred to as Jane Doe in court papers against Esper. The accuser, a former employee of a research group where Esper had worked before his appointment as Secretary of the Army, asserts that Esper assaulted her during a 2004 business trip. Grave concerns about public officeholding ability of political appointees have been raised through the legal wrangle, particularly against a backdrop of serious claims about past conduct.
When the alleged incident took place during a London meeting, Esper worked for Washington, D.C.‘s prominent think tank, the Center for Strategic and International Studies (CSIS). The accuser’s lawsuit alleges that Esper invited her to a meal and that, after returning to their hotel rooms, there was an alleged attack. According to reports, during the evening, Esper became violent and physically aggressive, which, according to the complainant, was sexual assault. The crucial point here is that Esper had always denied the accusations, be it any nature of the accusation. His lawyer even came out with a release denying the accusation and branding the charges as “baseless.” He further added that Esper had “no recollection” of the events the accuser had recounted.
This case left most with a surprising twist since it was found that Mark Esper through the lawyers had compensated the accuser a pretty penny in settlement. Nothing had been told, and reportedly offered to prevent drawn-out court cases. The two sides had portrayed the settlement as their way of moving past the issue yet nothing was required to establish any form of guilt. This is contrary to the assertion made by the lawyer of Esper that the settlement was made for practical reasons with a view to avoiding uncertainty as well as litigation cost, not as a confession.Advertisement
The accuser maintains that her claims are true despite the settlement, arguing that the money was not to refute her claims but rather a product of a culture that encourages victims of sexual assault to settle out of court rather than prolong a legal battle.
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Esper’s appointment as Defense Secretary was very controversial, so this revelation of the alleged rape and the resultant settlement could be a major blow to the President Trump administration.
As it was, Esper’s appointment was already being criticized by many quarters in the political setup as someone found guilty of running the United States army.
The fact that the accused settled with the accuser makes it slightly more complicated in this case. In the first place, since there is no direct proof that money paid out would admit to guilt, settlement involving money would lead to questioning the morals, responsibilities, and accountability of the public officials, who are directly engaged in the dispute.
Public opinion remains divided as the court battle plays out. That a settlement was reached, say advocates for sexual assault victims, suggests the accuser’s claims, no matter that they were not proved in court, had some basis in fact. It is the silence surrounding payouts – especially large ones – that often perpetuates a system in which those in power are shielded from really being accountable for their actions, these advocates add.
On the other hand, some argue that settlements do not necessarily mean guilt and are a common occurrence in many litigations.
The wider legal implications may extend even beyond this single example. If Esper’s payment is construed as a political move to “buy off” the accuser, it may strengthen charges of a larger trend by which the wealthy use money to avoid being scrutinized by the public or in the courts.
Though this settlement and allegations may not directly politically influence the confirmation process of Esper, they are bound to instil deep public distrust in the Trump administration.
Esper’s allegations occur in the current #MeToo movement which shed light on high levels of pervasiveness, sexual harassment and abuse in many industries. The movement has insisted on there is a need for increased accountability as well as transparency regarding the actions of public officers especially those exposed to powerful positions. From Esper’s case, the tale was epitomized: one juxtaposes the nastiness of sexual misconduct with the political reality of a high-profile position.Advertisement
Given that a settlement was secured without public trial, some may see the settlement as evidence that the system works. It is a warning to others that settlements, which are often made in secret, can sometimes serve more as public relations than in the interest of justice.
There will no doubt be fights over the allegations against Mark Esper and the accompanying financial settlement as his confirmation hearings for the Defense Secretary position move forward. Despite his lawyers sounding a confident note, arguing he’s broken no law, the scandal surrounding the case may forever dent his reputation — given the greater cultural conversation currently under way over sexual assault in politics and the workplace.
For now, it raises crucial questions of individual behaviour, settlements by the judiciary and accountability to the public; however, the scenario will only be dynamic as the evidence flows in. At this point, the incident has far-from-over political and public connotations, even though Esper’s confirmation may eventually facilitate the process of President Trump’s administration.
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