Are you saying the guy doesn't deserve due process? Definitely, put the guy on admin leave and don't let him fly, but to say the guy doesn't deserve due process? Hmmm...
Due process for a private employer? Worse case scenario it was rape. Or it was consensual, in which case a 50 yr old married man with kids cheated on his wife with a 39 yr old. There are no winners here.
There's a lot to this story. While she didn't immediately call 911 that night, she reported the incident to the company and the union right about the 45-48 hr mark (within 2 days). The end result of that so far has resulted in this lawsuit.
The industry mind set is always support the CA, never throw him under the bus. All interview questions are set up as such. What if you see a CA come downstairs wearing a dress? You're supposed to recognize that's a female CA. Or it could be a male CA cross-dressing, either way, it's a stupid and irrelevant question that doesn't mean a thing. What do you expect me to do, run away? Then there's the pilot caught drinking inside the 10 or 12 hr rule, what do you do? The whole don't throw anyone under the bus thing comes up again. Encourage him to call out sick, make sure he doesn't fly the next day, get him help through HIMS, get pro standards to help, and even to the point of you (the FO) calling out sick to not fly with him if the CA insists on flying. That's how the "system" is set up.
I don't blame her for not calling 911 right away. In retrospect articles say she recognizes that she aboslutely should have called 911. Even if not, I think she did the right thing to report the incident to the company and union within 48 hrs. New, on probation, new to the civilian industry, I think her actions are about what could have been expected.
"Of good moral character" used to be a thing. Technically it still is, to get an ATP. And as I already stated, even the best case scenario is he cheated on his wife. Worse case, well....