The Atlantic

What Does 'Sexual Misconduct' Actually Mean?

The almost infinite shades of creepy misbehavior on display are challenging the legal and cultural categories used to describe them.
Source: Lucy Nicholson / Reuters

“Enough is enough,” proclaimed Senator Kirsten Gillibrand at a December 6 press conference. Whatever the details of her colleague Al Franken’s sexual misbehavior, said Gillibrand, who has been aggressively pushing for Congress to tackle its harassment problem, he needed to step down. “I think when we start having to talk about the differences between sexual assault and sexual harassment and unwanted groping, you are having the wrong conversation. You need to draw a line in the sand and say: None of it is OK. None of it is acceptable.”

It most definitely is not. But as the public outrage over sexual misconduct gains force, it is swallowing up an increasingly diverse range of allegations, from the relatively petty (such as those lodged against Franken) to the truly monstrous (such as the claims regarding Harvey Weinstein and Roger Ailes). In between those poles exist almost infinite shades of creepy—which, sadly, will necessitate a great many discussions about how to deal with, and even talk about, the different types of offenses and offenders.

This is, in some ways, uncharted territory. In the past, questions of culpability were largely left

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