A 16-year-old girl posted a cry for help on YouTube two weeks ago. She was allegedly drugged and raped by a 23-year-old man. In the video, she does not name the rapist, but instead focuses on her disappointment that the Florida state attorney's office refused to prosecute the case.

CNN picked up on the story this week. Their take is that young people are using social networking sites to talk about sexual assault. From a legal perspective, we think using YouTube as a forum to criticize the justice system is the more interesting aspect. CNN touches on that as well:

But counselors said survivors are going to look wherever they can to find help and comfort, particularly when they don't get it through the court system.

Fewer than 5 percent of reported cases in Florida make it to a prosecutor's office, Dritt said. Whether because of lack of forensic evidence or because many are he said/she said accounts, rape cases can be very difficult to try.

"What you hear from every rape crisis center from Pensacola to Key West is that there are hardly ever any prosecutions," she said. "Most sexual violence is acquaintance rape, and unfortunately, a lot of juries still think that if a victim had a relationship with their attacker, then they cannot be raped by that person."

According to CNN, the case was dropped because the victim and the accused had an ongoing sexual relationship and the prosecutor concluded that their sex was consensual. Jezebel points out that the victim was just 15 at the time, and unable to give consent according to Florida law. We wonder how this will play out for Lawson Lamar, the state attorney for this district.

Teen alleging rape turns to YouTube [CNN]
Teenage Rape Victim Turns To YouTube For Help [Jezebel]
A 16 year old rape victim needs help [YouTube]

As litigators know all too well, there are two -- or more -- sides to every story. Unfortunately, in many controversies involving law firms, we never hear the firm's side (usually because they clam up -- we try to pressure them give them incentives them to talk, but we don't always succeed).

Earlier today, we reported on allegations made by a former associate at Bingham McCutchen in Boston. Michelle Moor claimed that (1) she was drugged at the firm holiday party; (2) a fellow Bingham associate told Moor that she had also been drugged -- and then raped -- by a Bingham employee the year before; and (3) a male employee at the firm "made 'a number of alarming sexually inappropriate comments' about 'roofies' and having sex with unconscious women." Along with Moor's allegations, we posted a brief statement from the firm.

Now we can bring you more of the firm's side of the story. Earlier this afternoon, Bingham McCutchen's general counsel, William Southard, sent out an internal email to all personnel. The email contains more specifics than the firm's prior statement.

We got our grubby paws on it, of course. Based on the email, it seems to us that Bingham has handled this difficult situation with sensitivity and "delicate handling" (as touted in its ubiquitous advertisements).

Of course, you're free to form your own opinion. Check out the email, after the jump.

Michelle Moor was a first-year associate at Bingham McCutchen, and a successful one judging from this Bingham press release on a case victory. She left the firm in February for the much smaller (and lower-paying) Kotin, Crabtree Strong, after allegedly being drugged at Bingham's holiday office party. She has filed a sex discrimination complaint against Bingham for not taking appropriate actions after she reported the incident.

From Massachusetts Lawyers Weekly:

The seven-page [Massachusetts Commission Against Discrimination] complaint, which was sent to multiple newspapers yesterday evening, states that on Dec. 14, 2007, Moor attended the firm's annual holiday party for associates at Lucia, a North End restaurant. Allegedly, after her second glass of wine, she felt "dazed and extremely disoriented." At an emergency room that evening, the complaint says, a blood test revealed that she had ingested Tegretol, an anti-seizure medication that causes memory loss when taken with alcohol.

After the incident, another Bingham associate allegedly told Moor that she had been drugged and raped by a Bingham employee the year before, but that she had not reported the incident to the firm.

On Dec. 20, according to the complaint, Moor reported both incidents to the firm's human resources department and asked that the firm warn other female associates.

A month later, on Jan. 17, according to the complaint, Moor attended a dinner at a restaurant with fellow Bingham employees, one of whom, a litigation specialist who worked on the same floor as Moor, made "a number of alarming sexually inappropriate comments" about "roofies" and having sex with unconscious women. The employee's comments allegedly indicated to Moor that he "may have been the person who drugged her and may have intended to rape her while she was unconscious."

At what kind of firm dinner does an attorney feel comfortable talking about taking advantage of passed-out women?

The story is getting considerable media attention. It also appeared in the Boston Globe and the WSJ Law Blog.

We contacted Bingham for comment. Their statement, plus links to collected coverage, below the fold.

Unless you've always wanted an Australian accent. From the Telegraph:

A New Zealand man who claimed he was raped by a wombat and that the experience left him speaking with an Australian accent has been found guilty of wasting police time.

Arthur Cradock, 48, from the South Island town of Motueka, called police last month to tell them he was being raped by the marsupial at his home and needed urgent assistance.

Cradock, an orchard worker, later called back to reassure the police operator that he was all right.

"I’ll retract the rape complaint from the wombat, because he’s pulled out. Apart from speaking Australian now, I’m pretty all right you know. I didn’t hurt my bum at all."

Wombats are very considerate; they use lots of lube. We learned that on Animal Planet.

[Cradock] pleaded guilty in Nelson District Court to using a phone for a fictitious purpose and was sentenced to 75 hours’ community work....

Wombats are native to Australia and are not found in New Zealand. Although powerfully built and about the size of a small pig, they are very rarely dangerous. There are three species: the widely distributed common wombat and the much rarer southern and northern hairy-nosed wombats.

Now wasn't that informative? You can bill 0.1 hour to "Professional Development" for reading this.

Man said 'wombat rape' led to accent change [UK Telegraph]

For the record, here's some follow-up on two Bay State lawyers previously discussed in these pages, who have been cleared of the charges against them. At least to some extent.

First, remember Carl Stanley McGee (right), who was arrested after being accused of going down on a 15-year-old boy? Earlier this week, Florida prosecutors decided to drop the case.

Apparently the teen had trouble identifying McGee. But maybe he also learned that it's bad form to complain about getting a BJ. Unless teeth are involved.

Second, remember the handsome Gary Zerola (below right), named a "Most Eligible Bachelor" by People magazine, and accused of rape and attempted rape by three different women? One of the cases against him went to trial, and he was acquitted (back in January; we missed the news when it came out).

A second trial is currently underway. In that case, as reported in today's Boston Herald, Zerola's defense team argues that the victim wanted to shakedown their client for $150,000.

The third incident, which is the one that we wrote about, has not yet gone to trial.

Sex Case Against MA Guv's Aide Dropped [AP]
'Most eligible bachelor' acquitted in attempted rape case [Boston Globe]
Zerola team: Alleged victim sought $150G [Boston Herald]

Earlier: Lawyer of the Day: Carl Stanley McGee
Most Eligible Bachelor Becomes Considerably Less Eligible

* Bush administration seeks greater power over promotions of military lawyers. [Boston Globe via How Appealing]

* Saudi king pardons rape victim who had been sentenced to 200 lashes (for being alone with a man at the time of the attack). [AP via New York Times]

* Limited effects of recent SCOTUS sentencing decision? [Chicago Tribune]

* CNN's guide to Mitchell report players. [CNN]

* Law Blog's guide to Sen. George Mitchell (including a funny story of a minor faux pas). [WSJ Law Blog]

* Poll suggests support for individual rights reading of Second Amendment. [CNN]

* Comcast v. NFL Network dispute produces another lawsuit. [Sportsline]

* Vick to be sentenced. [Atlanta Journal-Constitution]

* He Flatley denied the allegations, and apparently he was telling the truth. [AP via Reno Gazette-Journal]

* All's well that ends well for fired U.S. Attorneys. [Los Angeles Times via How Appealing]

* And home will come lawyer, baby and all. [Atlanta Journal-Constitution]

* First thing we do, let's detain all the lawyers. [Jurist]

* And speaking of detained lawyers... [Jurist]

Remember how victims of alleged sexual harassment by Bill Clinton claimed that inspection of the Article II member would confirm the truth of their claims, due to the presidential penis's distinctive appearance? We were reminded of those entertaining days, when the political was just so darn personal, by this story:

Graphic photographs of two defendants will be allowed as evidence in a rape trial Wednesday. The defense team argued to prevent evidence that includes photographs of their clients’ anatomies out of the courtroom. Defense attorney Robert Jenkins said his client and another man might have to expose themselves during trial.

“They say it helps the case because, allegedly, one perp is circumcised and one not circumcised,” Jenkins said.

If the foreskin has been slit, you must acquit.

Update: A reader submitted this alternative, by email: "If he had no bris, you must dismiss." (But we don't know if the defendants are Jewish.)

Court To Scrutinize Defendants' Genitals [WDSU.com]

Oh how the mighty have fallen. From the Miami Herald:

A Boston defense attorney once dubbed one of People Magazine's Most Eligible bachelors was arrested for allegedly drugging and raping a college student he met at a Miami Beach nightclub.

Gary Zerola -- already facing trial in two sexual attacks in Boston -- was arrested last Friday night and booked into Miami-Dade County jail. Miami Beach police charged Zerola, 36, with sexual battery.

Once known for his work on behalf of foster children, Zerola was also a candidate to star in the first season of ABC's reality hit The Bachelor,'' according to Boston media reports.

More discussion, plus a photo of the handsome defendant, after the jump.

* Al Gore, law school dropout, wins Nobel Peace Prize. [WSJ Law Blog; Washington Post; New York Times]

* Houston crime lab drops the ball, again. [CNN]

* Iraqi families sue Blackwater in U.S. court. [CNN]

* Lithwick's take on the interesting SCOTUS case, Medellin v. Texas. [Slate]

* McCartney-Mills divorce settlement could break records. [MSNBC]

* After typo, infants in Arkansas can't not be allowed to marry. [CNN]

Durham District Attorney Mike Nifong, who rose to international infamy due to his handling of the Duke lacrosse team "rape" case, must now face the music. His trial on ethics charges brought by the North Carolina State Bar started today.

According to WRAL.com, Nifong's lawyer, David Freedman, offered this argument in his opening statement:

"It is not unethical to pursue what someone may believe to be an unwinnable case."

Well, that depends. If the case is unwinnable due to a manifest lack of credible evidence, and you decide to "pursue" it by making over 100 prejudicial statements to the media, that might be a problem.

Freedman said Nifong made about 98 percent of his statements early on in the case before suspects were identified and charged.

Does that make things better or worse? Should Nifong get off the hook for the speed with which he broke out of the gate -- what North Carolina Attorney General Roy Cooper described as a "tragic rush to accuse"?

P.S. The article reminds us that the stripper involved was Crystal Magnum.* Isn't that what those Skadden summer associates recently enjoyed?

* Correction: Whoops, sorry about that.

Lacrosse Attorney: Nifong Went 'Far Over the Line' [WRAL.com]

* A rabbi, a nun and Christopher Hitchens walk into a bar... [PrawfsBlawg]

* Unlike other 15-year-olds who appreciate toilet humor, this girl felt victimized by the inside joke. [Pensacola News Journal]

* Anne Heche continues to entertain/disturb, plus we haven't had a cautionary divorce tale in some time. Stay tuned… [Nasty, Brutish & Short]

* Who knows? The junior associate who sent out that crazy email some time ago could end up the next Kafka. [Legal History Blog]

* Forget fashion mags, frenemies and Paris -- this is the real harm perpetuated by women against other women. [Red Orbit]

* It's a sign of the times when smoking laws have a better chance than public urination laws in justifying Operation Homeless. Or, Berkeley officials can ask Giuliani what he really did to clean up Times Square. [San Francisco Chronicle]

* Does anyone remember the dystopian Strange Days? Let that be a warning. [Feminist Law Professors]

* That ice cream girl/boy better not lean against or press down on the scale though. [Signs On San Diego]

* Why? Because I love the ongoing Brooke/Tom feud/reconciliation bit, and because I find it amazing that someone who has always been and is the most beautiful woman I've ever seen inexplicably has absolutely no charm, warmth or grace. [AOL Entertainment]

* He's a lightweight but he's no lightweight. I'm rooting for this guy, because I'm a sucker (heh) for these kinds of inspirational stories. (If you've seen/read Friday Night Lights, you'll know that one of the players went to Harvard before returning to Texas for law school and Odessa to practice.) [Yahoo! News]

Look for an official announcement later today:

The office of North Carolina Attorney General Roy Cooper will announce that he is dismissing all charges against three Duke Lacrosse players, ABC News has learned from sources close to the case....

Cooper will announce his decision regarding the case at the North Carolina Attorney General's office in Raleigh, N.C., at 2:30 p.m.

What took them so long?

Duke Lacrosse Case Charges to Be Dropped [ABC News via Drudge Report]

* Supreme Court says EPA can regulate greenhouse gases. [U.S. Supreme Court (PDF)]

* Fourth Circuit's reading of PSD regulations did not comport with Clean Air Act's limits on judicial review of EPA regulations for validity, so Duke Energy's summary judgment gets reversed. [U.S. Supreme Court (PDF)]

* More interminable Anna Nicole legal news: Howard K. Stern drops his appeal of using DNA to determine paternity, and some kind of a hearing will be held tomorrow. Apparently Bahamian court rules prevent us from knowing the nature of the hearing. [CNN]

* Bong hits 4 glaucoma in New Mexico. [Jurist]

* DNA evidence to the rescue once again. [CNN]

* Jurors become instant BFF over testimony of an intimate and sexual nature. [Los Angeles Times]

* Damned if you do, damned if you don’t. [Milwaukee Journal Sentinel]

* Turns out you actually can’t dance if you want to. [Newsday]

* As kids, my brother and I were familiar with only this constitutional amendment because of the “Second Amendment = Two arms” mnemonic aid. (We knew other things, okay?) [Volokh Conspiracy]

* Faux fur is, more often than not, real fur. As in real dog fur. So who is going to cast the first stone (or, rather, paint bucket) at Anna Wintour now? [San Francisco Chronicle]

* It’s getting hot in herre. [MSN]

* “Innocence most often is a good fortune and not a virtue.” One thing's for sure -- if you’re being tried for a crime, you’re SOL. [PrawfsBlawg]

A reader brought our attention to this disturbing story out of the Midwest, which we hadn't heard about previously. From the Milwaukee Journal Sentinel:

Nobody but the two Chicago men and the woman from Berlin knows for certain exactly what happened at the private boat landing on Green Lake in early morning of Aug. 7, 2005.

The 29-year-old woman says the two men -- then both attorneys at prominent Chicago law firms -- held her down on the hood of her car and cheered each other on as they repeatedly raped her.

The two men say what happened was consensual sex.

The undisputed facts after that night, from the bail amounts and the plea bargains to the minimal sentences and the district attorney's resignation, have some locals in this small tourist town 30 miles west of Fond du Lac wondering if justice was served or if two big-city attorneys got a "good-ole-boy" break.

"Something doesn't look right," said Jaime Brotz, a 10-year resident of the Berlin area. "I think they got away with a lot more than they should have."

Find out which firms these defendants worked for, after the jump.

Big news in the Duke lacrosse team rape sexual assault and kidnapping case. From ABC News:

District Attorney Mike Nifong has requested that he have himself removed from prosecuting the Duke Lacrosse rape investigation, ABC News has learned.

A source close to the investigation said Nifong sent a letter to North Carolina Attorney General Roy Cooper asking his office to assume responsibility of the case. Calls to the Attorney General's office and Mike Nifong's office were not yet returned.

Smart guy, that Nifong. We wouldn't want to prosecute this case either.

And from the New York Times:

"Michael B. Nifong, the Durham district attorney, faxed the request to Jim Coman, head of the state attorney general’s special prosecution unit, today, the official said. Mr. Nifong decided he had no choice but to hand off the case because he faces a conflict of interest with ethics charges pending against him for his public comments on the case, the official said...."

"The official said the attorney general’s office was expected to accept the referral. But the fate of the case is uncertain: Many experts wonder if the attorney general or another prosecutor will quickly drop the charges after assessing weaknesses in the credibility of the accuser...."

This exit strategy isn't half-bad. Mike Nifong has turned lemons (ethics charges) into lemonade (escape from a sinking ship).

(What are Nifong's thoughts on Iraq?)

DA in Duke Rape Case Asks to Be Taken off Case [ABC News via Drudge Report (w/siren)]
Prosecutor Asks State to Take Over Duke Case [New York Times]

Update (5:57 PM): Matt Drudge has downgraded this story by removing the siren.

Earlier: You Don't Say: Duke Accuser Contradicts Herself

A nice bit of understatement, from the sober New York Times:

Does she contradict herself?
Very well then
She contradicts herself
She is large, she contains multitudes.

Of accounts of the alleged rape. Plus, a baby.*

Duke Accuser Contradicts Herself [New York Times]

* We realize that the alleged victim no longer "contains" a baby, since she recently gave birth to a baby girl. We took some liberties with the facts, for the sake of our snarky quip. Call it poetic license.

The Duke lacrosse team rape charges were dropped.

The timing isn't surprising. This is the just the sort of news you break on the Friday afternoon before a holiday weekend.

But the three lacrosse players still face sexual assault and kidnapping charges.

Rape Charges Dropped in Duke Case [Associated Press]