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You can find the current article at its original source at https://www.theguardian.com/commentisfree/2018/nov/19/sexual-harassment-lords-jasvinder-sanghera-lord-lester
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| When a woman sought justice on harassment, the Lords closed ranks | When a woman sought justice on harassment, the Lords closed ranks |
| (12 days later) | |
| When the #MeToo movement hit Westminster last year, some didn’t see what all the fuss was about. Those of us who had put our names to complaints of sexual harassment were presented as over-privileged women operating in elite institutions: if we were miffed by the odd indecent proposal, or the occasional lunge from a politician, perhaps we needed an education in real suffering. | When the #MeToo movement hit Westminster last year, some didn’t see what all the fuss was about. Those of us who had put our names to complaints of sexual harassment were presented as over-privileged women operating in elite institutions: if we were miffed by the odd indecent proposal, or the occasional lunge from a politician, perhaps we needed an education in real suffering. |
| Female peers condemn 'misogynistic' attitudes in Lord Lester debate | |
| No one can similarly accuse Jasvinder Sanghera of being sheltered when it comes to sexual violence. At 14 she ran away from home to escape a forced marriage, sleeping rough at first. Her sister Robina was less lucky. At the age of 24, Robina fatally set herself on fire after being told the family would disown her if she walked out on her husband’s physical violence. Since her sister’s death, Sanghera has spent 25 years campaigning against sexual abuse in traditional communities. Her charity, Karma Nirvana, helped make forced marriage overseas a criminal offence. | No one can similarly accuse Jasvinder Sanghera of being sheltered when it comes to sexual violence. At 14 she ran away from home to escape a forced marriage, sleeping rough at first. Her sister Robina was less lucky. At the age of 24, Robina fatally set herself on fire after being told the family would disown her if she walked out on her husband’s physical violence. Since her sister’s death, Sanghera has spent 25 years campaigning against sexual abuse in traditional communities. Her charity, Karma Nirvana, helped make forced marriage overseas a criminal offence. |
| Last week, Sanghera outed herself as the woman who had made a complaint of sexual harassment against the Lib Dem peer Lord Lester. She would have felt like a “phoney”, she says, if she had continued campaigning against sexual violence in the family while allegedly tolerating harassment in the workplace. | Last week, Sanghera outed herself as the woman who had made a complaint of sexual harassment against the Lib Dem peer Lord Lester. She would have felt like a “phoney”, she says, if she had continued campaigning against sexual violence in the family while allegedly tolerating harassment in the workplace. |
| Sanghera claimed that, while lending his support to her work, Lester had groped and harassed her and eventually promised: “If you sleep with me I will make you a baroness within a year”. He allegedly threatened to retaliate when she refused. Lester strongly denies all the allegations, though an investigation by the Lords’ commissioner for standards found against him. That investigation has since been scrutinised by two committee reviews, both of which again found against Lester. Overall, two law lords, two former lord chancellors, the former chair of the Equality and Human Rights Commission and 15 other peers have examined the case and ruled in Sanghera’s favour. But according to Lester’s friends in the House of Lords, this isn’t good enough. | Sanghera claimed that, while lending his support to her work, Lester had groped and harassed her and eventually promised: “If you sleep with me I will make you a baroness within a year”. He allegedly threatened to retaliate when she refused. Lester strongly denies all the allegations, though an investigation by the Lords’ commissioner for standards found against him. That investigation has since been scrutinised by two committee reviews, both of which again found against Lester. Overall, two law lords, two former lord chancellors, the former chair of the Equality and Human Rights Commission and 15 other peers have examined the case and ruled in Sanghera’s favour. But according to Lester’s friends in the House of Lords, this isn’t good enough. |
| As soon as the last appeal failed, Lord Pannick, a respected QC who is a close friend and supporter of Lester’s, launched a media campaign to discredit the investigation process in which he had just participated – including making the astonishing claim that Lester should have been allowed personally to cross-examine a woman who had accused him of sexual assault. Pannick’s campaign against Sanghera’s credibility read like a textbook case of establishment mobilisation: a column in the Times, where he is a regular columnist, and an appearance on the Today programme, where he called Sanghera “vague and contradictory”. There are, he alleges, errors or discrepancies in her memory. No doubt there are, at a distance of 12 years. But crucially, six witnesses gave evidence that Sanghera had confided in them about the alleged harassment at the time. | As soon as the last appeal failed, Lord Pannick, a respected QC who is a close friend and supporter of Lester’s, launched a media campaign to discredit the investigation process in which he had just participated – including making the astonishing claim that Lester should have been allowed personally to cross-examine a woman who had accused him of sexual assault. Pannick’s campaign against Sanghera’s credibility read like a textbook case of establishment mobilisation: a column in the Times, where he is a regular columnist, and an appearance on the Today programme, where he called Sanghera “vague and contradictory”. There are, he alleges, errors or discrepancies in her memory. No doubt there are, at a distance of 12 years. But crucially, six witnesses gave evidence that Sanghera had confided in them about the alleged harassment at the time. |
| In his newspaper column and on the radio, Pannick drew our attention to a friendly note that Sanghera had inscribed to Lester in a copy of her book, after the key incident. Yet on neither occasion did Pannick acknowledge that Sanghera had been heavily questioned by the commissioner on this point, as she had been on every “challenge” made by Lester’s team. Sanghera’s side of the story is that Lester had requested the inscription at a large public setting “at the front of the queue of around 100 people”. She was still reliant on Lester’s help for her policy campaigns. She repeatedly told friends at the time that she still felt uncomfortable. But from Pannick’s media interventions, you’d be forgiven for thinking this was a smoking gun that had never been put to Sanghera in the investigation. | In his newspaper column and on the radio, Pannick drew our attention to a friendly note that Sanghera had inscribed to Lester in a copy of her book, after the key incident. Yet on neither occasion did Pannick acknowledge that Sanghera had been heavily questioned by the commissioner on this point, as she had been on every “challenge” made by Lester’s team. Sanghera’s side of the story is that Lester had requested the inscription at a large public setting “at the front of the queue of around 100 people”. She was still reliant on Lester’s help for her policy campaigns. She repeatedly told friends at the time that she still felt uncomfortable. But from Pannick’s media interventions, you’d be forgiven for thinking this was a smoking gun that had never been put to Sanghera in the investigation. |
| It is profoundly depressing that after a year of public discussion about sexual harassment, educated men still claim not to understand the pressure women feel to show harassers that there are no “hard feelings” . A female barrister at Pannick’s own chambers had the guts to point this out on Twitter, writing last week that: “I was sexually harassed by a Crown Court judge whom I spent a week work shadowing. At the end of the week I not only thanked him profusely for the opportunity, I actually sent him a Fortnums hamper to show my appreciation. Such is female socialisation in the 21st Century.” Harvey Weinstein’s victims were famously photographed grinning with him at parties. | It is profoundly depressing that after a year of public discussion about sexual harassment, educated men still claim not to understand the pressure women feel to show harassers that there are no “hard feelings” . A female barrister at Pannick’s own chambers had the guts to point this out on Twitter, writing last week that: “I was sexually harassed by a Crown Court judge whom I spent a week work shadowing. At the end of the week I not only thanked him profusely for the opportunity, I actually sent him a Fortnums hamper to show my appreciation. Such is female socialisation in the 21st Century.” Harvey Weinstein’s victims were famously photographed grinning with him at parties. |
| The #MeToo movement has often been accused of disrespecting due process. Yet last week we saw a woman vindicated by an established process, and still denied justice when the Lords refused to pass a sanction against Lester on the grounds that it doubted the results of its own process. | The #MeToo movement has often been accused of disrespecting due process. Yet last week we saw a woman vindicated by an established process, and still denied justice when the Lords refused to pass a sanction against Lester on the grounds that it doubted the results of its own process. |
| Peer after peer turned up in the Lords on Thursday to swear that they had known Lester for donkey’s years and that he wouldn’t harm a fly. In court, an admission of lifelong friendship with the accused would immediately lead a juror or adjudicator to be recused from the case. Only in the House of Lords, it seems, does being a mate of the man in the dock particularly qualify a chap to try his case. | Peer after peer turned up in the Lords on Thursday to swear that they had known Lester for donkey’s years and that he wouldn’t harm a fly. In court, an admission of lifelong friendship with the accused would immediately lead a juror or adjudicator to be recused from the case. Only in the House of Lords, it seems, does being a mate of the man in the dock particularly qualify a chap to try his case. |
| Many in the Lords were concerned that this case had been tried “on the balance of probabilities”, instead of “beyond reasonable doubt”. But the former is the civil law standard used in any employment tribunal: Lester was facing suspension from a job, not a jail sentence. In rejecting that standard of proof, the Lords has shown that it expects to be held to lower professional standards than any other place of employment. This cannot be right. If the Lords feels its own procedures are not fit for purpose, it must accept that modernisation is likely to be tougher, not easier on it. The Lords should be careful what it wishes for. | Many in the Lords were concerned that this case had been tried “on the balance of probabilities”, instead of “beyond reasonable doubt”. But the former is the civil law standard used in any employment tribunal: Lester was facing suspension from a job, not a jail sentence. In rejecting that standard of proof, the Lords has shown that it expects to be held to lower professional standards than any other place of employment. This cannot be right. If the Lords feels its own procedures are not fit for purpose, it must accept that modernisation is likely to be tougher, not easier on it. The Lords should be careful what it wishes for. |
| • Kate Maltby writes about theatre, politics and culture | • Kate Maltby writes about theatre, politics and culture |
| • This article was amended on 19 November 2018 to make it clear that “on the balance of probabilities” is the civil law standard of proof. | • This article was amended on 19 November 2018 to make it clear that “on the balance of probabilities” is the civil law standard of proof. |
| Sexual harassment | Sexual harassment |
| Opinion | Opinion |
| #MeToo movement | #MeToo movement |
| House of Lords | House of Lords |
| Forced marriage | Forced marriage |
| Liberal Democrats | Liberal Democrats |
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