Buffalo, NY (WBEN) As Matt Araiza now faces a civil matter, we're taking a look at how those accused in civil matters can see their careers crumble, even if the allegation is found to be unproven.
Attorney Steve Cohen says we live in a world of where a mere allegation, even unproven can destroy a career. He says he's seen it with teachers accused of sexual misconduct. "Their careers really are put on hold, outcry becomes intense, and everyone is accusers, so it's a very sad situation. I believe strongly in innocence until proven guilty," says Cohen.
Cohen notes even if the allegations are found to be unproven, a reputation is never fully restored. "When somebody has criminal charges brought against them, and then they criminal trial and they are acquitted and proven not guilty. impression is that well, the criminal standard is beyond a reasonable doubt. So standard doesn't mean anything, this person is still guilty," says Cohen. He says in a civil matter, where the standard is more relaxed, when somebody is proven is found to be not culpable, some will say the accused had had great lawyers, and the lawyers got them off.
Cohen adds with New York being an at-will employment state, finding a job after exoneration can be difficult for an accused person. "Employers are concerned that you had these allegations against you. Thinking like if this were to ever to happen again and we would be liable for keeping you on our staff. So you're fired," cites Cohen. He notes it's a scenario that he sees constantly and is disturbing.
Even with media consultants, Cohen says restoring the reputation of an accused person, especially after exoneration, can be difficult. "It's very difficult to do because people's memories are selective member accusations far more clearly than they will remember acquittals or not guilty verdicts are no cause of actions," says Cohen.
Attorney Steve Boyd represents accusers of sexual misconduct. He realizes allegations are serious, there's vetting he does. "When we have a client come in, and there's an accusation being made, we investigate the case, we take it very seriously," says Boyd. He adds the problem is once a claim is made, it becomes a public document, putting the accused in a tough spot.
Boyd says he does not litigate cases on social media. "We don't try to put pressure on the other side, through the press. If we have a serious case, that means we have serious proof, we take that serious proof to the correct arena, which is the court," explains Boyd.
Boyd says if such a person is exoneration, restoring a reputation is tough, but doable. "If you were exonerated by a jury, and then you're applying for jobs. I mean, you probably want to be upfront with that future employer to say, you know, this accusation happened that went all the way to the jury, the jury found that I was not responsible, that I didn't do what they said I did," says Boyd.
Boyd says such cases are volatile for both sides, and he tells his clients to be ready to bring that proof to court.
