The problem of intent
July 17, 2021
In February 2018, former New Democrat (NDP) Member of the Canadian Parliament, Peter Stoffer, apologized after colleagues accused him of inappropriate conduct.
Lauren Dobson-Hughes, a former NDP staffer, narrated how Peter Stoffer had attempted to forcefully kiss her on two separate occasions, four years apart. Stoffer, in a press conference, maintained: “I did not in any way in my intention intend to insult or demean or belittle any person in this regard”.
As early as in January 1991, the US Court of Appeals Ninth Circuit, in Ellison v Brady, found that the facts and circumstances in a sexual harassment case must be assessed from the perspective of a “reasonable woman”, departing from the “reasonable person” approach. The court’s reasoning resonates with women all over the world: “If we only examined whether a reasonable person would engage in allegedly harassing conduct, we would run the risk of reinforcing the prevailing level of discrimination. Harassers could continue to harass merely because a particular discriminatory practice was common, and victims of harassment would have no remedy.” Accordingly, the court looked at the issue of harassment from the victim’s perspective, finding that “conduct that many men consider unobjectionable may offend many women”.