BUFFALO, N.Y. (WBEN) – As the investigation continues into the alleged sexual harassment by Governor Andrew Cuomo, legal experts highlighted the challenges faced by the women who made the allegations.
“Sexual harassment is really about power and the abuse of power,” Attorney Lindy Korn said. “It is always difficult for subordinates to bring claims against their supervisors, their owners, their presidents, governor.
Certainly, there’s an uneven scale here, but that’s endemic to sexual harassment.”
The latest allegation against the governor came Monday night when a woman accused the governor of harassing her at a wedding in New York City.
Related
Other allegations against the governor were alleged by a former aide, Charlotte Bennett, who claimed in the New York Times that Cuomo asked her if she ever had sex with older men.
Bennett’s accusations came three days after another former aide, Lindsey Boylan, accused the governor of sexual harassment in 2017. Boylan accused the governor of wanting to play strip poker and claims other aides had similar encounters with Cuomo.
Governor Cuomo on Sunday acknowledged his behavior “may have been insensitive or too personal” and said he would cooperate with the attorney general’s investigation. He denied having inappropriately touched or propositioned anyone.
New York Attorney General Letitia James on Monday was given the power to lead the investigation. She will deputize an outside law firm to conduct the inquiry with full subpoena power. Once the investigation is complete, a public report will be released.
Related
“If there is an investigation that goes forward and any kind of substantiation of the charges, there would be a civil suit,” Attorney Paul Cambria said. “That will be the remedy here. There could be a resignation.
There could be a finding that these charges are unfounded and simply close the file. All those possibilities are in place.”
Cambria said the findings, if there are any, would greatly help in a civil suit.
The burden of proof ultimately lies with those who accused the governor. Korn said a thorough investigation will find more facts to determine whether the harassment was a quid pro quo or hostile work environment.
“Whether they come from interviews, texts, emails, perhaps recordings…Facebook…any kind of electronic discovery which is now very prevalent evidence (will help),” Korn said. “There are two women that have come forward. Who knows? It is possible during an investigation that they will have reason to question someone else. We don’t know what the facts are.”
Korn said if the allegations are supported by evidence, there is then proof of a hostile work environment.
Cambria said another challenge for the victims is whether or not there is an underlying political motive.
“Politics can be a very nasty business,” Cambria said. “At the root of all of these cases, obviously you want to get the truth and you want to get whether or not accusations are founded, whether or not they’re motivated by other reasons. That’s the first part and that’s always very difficult. It’s very difficult to prove and detect and so on. For both sides.”
Boylan is running for a political position in New York City.
Cambria said her candidacy would “no doubt” add skepticism.
“I’m not trying to diminish people making legitimate accusations,” he said. “The truth is the truth and motives are motives. These things happen on both sides. That will be a difficult aspect to this.”
Cambria also said that because the women spoke to news outlets before making a formal complaint, it creates added doubt.
While the governor has released statements in response to the allegations, he has not answered any direct questions from reporters since last Wednesday. But if he is asked, Cambria suggests Cuomo should say:
“The matter is being handled. This isn’t the appropriate forum to comment. I’ve denied any wrongdoing and we’re going to move forward with this press conference.”
Korn said the allegations against the governor are ironic because of legislation the governor signed to prevent workplace harassment.
“Yet here, of course they’re only allegations to date, but he is possibly responsible for committing that same pain,” Korn said.