In reverse order...
The presumption of innocence is a criminal court concept. It's precisely because the State can fine you, jail you, even execute you that we place upon the prosecution the responsibility to meet such a high burden of proof. Our Founding Fathers believed that it was better to let a guilty person go free than to convict an innocent. This concept is codified into the system, and as such, with great power comes a great obligation to meet a higher standard.
However, in civil court, there is no such presumption, the burden is 'more likely than not'. Is it more likely than not that Milton Bradley and K-Rod have anger management issues? Is it more likely than not that Josh Lueke used bad judgement when it came to mixing drinking and women? Is it more likely than not that John Rocker is a bigot?
It is a fact of life that our actions are continuously judged by society. As a practitioner in an industry where reputation is paramount I can attest to the fact that present day society looks at everything we do, everything we say, and everything we write, tweet, facebook, and blog about and judges us. As such, good or bad, reputations are earned. Was it a better world when boys where just boys? Was it a better world when we turned the other way and simply ignored the racism, bigotry, violence against women, and other prejudices? I realize that I am probably in the minority on this one, but I do not think that the deterioration and plain elimination of privacy is a bad thing. I understand that everything I do, say, write, etc., on the internet may one day be used against me, at the same time it is also my best defense against false accusations. If I'm falsely accused I present the evidence for me, the employee handbooks I've written, the sexual harassment policies I've created, and the legions of friends and coworkers who will testify on my behalf. I’ve worked hard to build and establish my reputation and as such it is my greatest defense.
Sure, people in glass houses shouldn't throw stones - but if EVERYONE lived in a glass house wouldn’t that mean that reputations would be justly earned?
And when it comes to allegations of infidelity, well that all comes down to trust. And like reputation, trust is something that takes a lifetime to build and only moments to destroy. It's the course of my conduct that allows my partner to trust me, just as it's the course of my conduct that gives rise to my reputation.
So go ahead, judge me, I welcome it.
- Ben.
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