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Rethinking the Silent Treatment

Posted by on Sunday, August 22, 2021 in Articles, En Banc, Notes and Comments, Volume 74.

Sasha Gombar | 74 Vand. L. Rev. En Banc 289 (2021) |

When the hashtag “MeToo” was popularized in the wake of the Harvey Weinstein scandal, the underlying philosophy was simple. Too many people had claimed that women’s stories about sexual assault lacked corroboration, dismissing evidence of workplace sexism as merely “anecdotal.” However, when enough women started telling stories with common themes about common perpetrators, the truth became harder to ignore—cases that were once “he said, she said” cases were now “he said, they said” cases. Getting corroborating evidence from other individuals who have experienced similar discrimination at the hands of the same defendant is not only a therapeutic form of solidarity—during litigation, it may be the difference between winning and losing your claim.

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Sasha Gombar