In that case then why aren't there far far more cases of sexual harassment going to trial? Or for that matter far far more payouts made to accusers? If all it takes is an accusation to get a trial or a payout why didn't Juanita Broaddrick get paid or get a trial against Bill Clinton and why didn't that guy who claimed Obama blew him and did coke with him get paid or get a trial?
Certainly I am sure some have but there are still standards that courts do to weed out which claims get to trial and which claims do not. As I have said before if this was a criminal or civil case and I was sitting in the jury I wouldn't convict Cain based on what is publicly known. That said clearly the NRA felt these accusations were potentially troublesome enough to merit a payout. Let me ask you now but do you believe that it is general practice for corporations to pay settlements on such claims if they believe they are baseless?
Broaddrick made multiple contradictory statements and she made the claim of harassment long after the statute of limitations had expired. Therefore her claim could not have made it to the level of being a swearing match. In this matter, Bialek would have a tough time in a lawsuit because of the statute of limitations. I probably should have explained that there must be some level of truth to the story. So in a sexual harassment claim like this if Cain cannot provide proof he was not alone with the complaining witness under the circumstances described, then the Court will most likely find there is a fact issue about what happened in private if there are 2 different stories.
In Bialek's case, there should be some paper trail, right, about her having a room at that hotel on that day, of Cain being in town, of Cain upgrading her hotel room, and so on. That doesn't mean he made any inappropriate advance. But, if nosy reporters or PIs or whatever can't even find an indication that Bialek was there (or probably most crucially that Cain upgraded her room), that punches a giant hole in her credibiliity. So, it doesn't have to be a simple he-said-she-said thing if details in their stories don't check out.
Jim Geraghty from the National Review, a conservative magazine, reached out to the hotel ans asked for the records. The hotel refused to provide it on the ground of guest/customer privacy.
