Sex

Genarlow Wilson Above the Law blog.jpgThis just in, from the AP:

The Georgia Supreme Court upheld a ruling that Genarlow Wilson’s 10-year prison sentence for having consensual oral sex with a fellow teenager is cruel and unusual, and ordered him released from prison.

Wilson was convicted of aggravated child molestation for having oral sex with a 15-year-old girl when he was 17. He has served more than two years of a mandatory 10-year sentence.

Attorney General Thurbert Baker appealed a Monroe County Superior Court judge’s decision to reduce Wilson’s felony conviction to a misdemeanor and free him from prison.

Baker said the judge overstepped his authority when he granted Wilson’s motion last month. Wilson’s attorney argued his 10-year prison sentence is cruel and unusual punishment.

Update: From an insightful tipster:

Regarding the Georgia case, it may be worth noting that the U.S. Supreme Court will be hearing argument on a related issue on October 31: whether state Supreme Court decisions must use the U.S. Supreme Court’s standard in applying criminal law decisions retroactively or instead may expand retroactive application of those decisions to a broader class of criminal defendants.

Georgia Supreme Court Rules Prison Term for Sex Crime Cruel and Unusal [AP via Fox News]
Earlier: We Sure Hope It Was Worth Two Years in Prison

threesome threeway Above the Law blog.jpg* Professor Eugene Volokh wonders: Does engaging in a three-way with a current client and the client’s girlfriend count as having sex “with a current client” — a practice forbidden by state bar rules? [Volokh Conspiracy]
* Professor Ann Bartow wonders: Why call it “law porn”? [Feminist Law Professors via Blawg Review]
* Paralegal of the Day? [TPM Muckraker]
* A way for that Cleary Gottlieb Glamour editor to earn some extra cash on the side? [City Room]
* “Law school grads: burnt by the job search process? A journalist wants to hear about it.” [JD Underground]

People Most Eligible Bachelor issue cover Above the Law blog.jpgOh 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.

double red triangle arrows Continue reading “Most Eligible Bachelor Becomes Considerably Less Eligible”

Maximilia Cordero Maximilian Cordero Jeffrey Epstein Dealbreaker Above the Law blog.jpgMaximilian Cordero believes the second time is a charm — with respect to (1) a gender and (2) suing rich guys. From DealBreaker:

In the grand tradition of trying to turn the (real or imaginary) sexual assault you suffered at the hands of a creepy old guy into stocks and bonds, everyone knows you don’t start at the top of the food chain. You get a few starter suits under your belt first, THEN you go to the top. Got to walk before you can run, got to allege “he put his hand on my knee and I didn’t like it” before you allege “he jerked off into a towel while I stood there awkwardly, and I think there might’ve been a purple vibrator in there, too” (those are just for instances).

Maximilia Cordero small Jeffrey Epstein Dealbreaker Above the Law blog.JPGA few years ago, Maximilia née Maximilian Cordero filed a $10 million lawsuit that accused her former lawyer, Glen Gentile, of statutory rape and endangering the welfare of a minor 2002, when she was “under the age of 17” (representing Cordero was her new—at the time—boyfriend/attorney, William Unroch).

Unfortunately, the case got thrown out when the court informed Cordero (yes, it informed her) that in 2002, she was over the age of 17, and, actually almost 19. For her part, Cordero said that she was “shocked” to find out how old she was.

As Barbie (née Ken) might say, “Math is hard! (And so am I.)”
(You can read the complete post over at DealBreaker.)
Jeffrey Epstein Accuser Attempting To Get It Right Second Time Around [DealBreaker]
Earlier: Lawsuit of the Day: Cordero v. Epstein
Cordero v. Epstein: She’s a Man, Man!

Peter Barta 2 Peter A Barta Abovethelaw Above the Law blog.jpgTime for a quick update on a past Lawyer of the Day Weekend. From New York Newsday:

A former Legal Aid Society lawyer pleaded guilty Wednesday to illegally using a hidden videocamera to spy on female co-workers as they changed clothes in their offices.

Peter Barta, 32, of Queens, used a camera hidden in a clock to videotape five co-workers in the public defense agency’s Manhattan offices, recording at least one woman with her breasts and buttocks bared….

Barta, 32, pleaded guilty to one count of unlawful surveillance, a felony, in exchange for a conditional discharge. The case will be dismissed and sealed after he completes a year of counseling.

Barta will be automatically disbarred. But clerking doesn’t constitute the practice of law, which is why you don’t need to be admitted to the bar to do it. Maybe Peter Barta can land a clerkship with this fine jurist?
Legal Aid lawyer plead guilty in coworker voyeurism case [New York Newsday]
Voyeur lawyer pleads guilty to oogling co-workers [AP]
Inside the Apartment of a Peeping Tom [Gothamist]
‘PEEP’ LAWYER HAD KINKY TOY TROVE [New York Post]

Maximilia Cordero Maximilian Cordero Jeffrey Epstein Dealbreaker Above the Law blog.jpgWhen we recently wrote about the case of Cordero v. Epstein, in which model Maximilia Cordero alleges that high-profile financier Jeffrey Epstein took advantage of her when she was underage, one of you wondered: “[H]ow many of [Cordero lawyer William] Unroch’s models do you think are really trannies?”
One possible answer: at least one. Namely, Maximilia Cordero herself — who allegedly was “born Maximillian Cordero in 1983.”
Read the original Dealbreaker post, which has a wealth of other details, over here.
For What It’s Worth, Jeffrey Epstein Has Been Known To Spend A Lot Of Time In Scotland [DealBreaker]
Earlier: Lawsuit of the Day: Cordero v. Epstein

Our colleagues over at DealBreaker have been extensively covering one heck of a lawsuit. It’s our Lawsuit of the Day, but it really ought to be our Lawsuit of the Week — it’s that good.

The defendant is wealthy New York financier Jeffrey Epstein, who already stands accused, in Florida state court, of sex crimes involving underage girls. This latest case is a civil action filed in New York. Here’s a teaser:

[W]e’re knee-deep into the latest sex suit against Jeffrey Epstein, brought by a girl who, at the time, was whatever the opposite of over eighteen is. This one’s from Maximilia Cordero [at right], an aspiring model, who claims that in 2000, Epstein lured her to his Upper East Side apartment on the promise that “he and his wealthy friends would help…with her modeling career.”….

Epstein, in order to quell the girl’s fears as to what people would think of her blowing a man old enough to be her father, swore that he “wouldn’t tell anyone.” Bet he’s wishing he’d gotten her to do the same! Ah, well, hindsight.

Then he came in her mouth and requested that she return with her “14, 15, and 16 year old girlfriends next time.”

More — ’cause you know you want it — after the jump.

double red triangle arrows Continue reading “Lawsuit of the Day: Cordero v. Epstein”

sadomasochism s&m s and m sadist masochist dungeon Above the Law blog.jpgSince we started off today on a somewhat sordid note, we might as well keep going down the same path. From the AP:

Adrian Exley was wrapped tightly in heavy plastic, then bound with duct tape. A leather hood was put over his head with a thin plastic straw inserted so that he could breathe, and he was shut up in a closet.

That, apparently, was the way Exley liked it. But the way it ended — with Exley suffocating — was not what he had in mind when he traveled from Britain for a bondage session with a man he had met through a sadomasochism Web site.

Exley’s body was discovered in the woods last year, two months after he was bound up in the bondage “playroom” Gary LeBlanc had built in the basement of his suburban Boston home.

LeBlanc, a 48-year-old Gulf Oil sales executive, detailed his responsibility in the fatal bondage session in a five-page suicide note, just before he put a gun to his head and killed himself.

Now the question is: Since Exley consented to the sex play, can LeBlanc be held responsible for his death?

LeBlanc committed suicide, but the issue still matters:

Exley’s family is suing LeBlanc’s estate for unspecified damages, claiming wrongful death. Many bondage enthusiasts are watching the case closely, seeing it as a lesson in where to draw the line of responsibility on consensual but dangerous sex.

Additional sensational and salacious details appear in the full article.
Moral of the story: If you’re into this sort of thing, before doing anything, make sure your partner signs a waiver, assumption of risk, and release of liability form. Then transmit an executed copy to a third party prior to the liaison, so there’s contemporaneous documentation. Good luck.
Deadly consent: Bondage death raises legal issues [AP via CNN]
S&M for Beginners [Tango]

necktie 2 sex doorknob Above the Law blog.jpgAn attorney sent this office-wide email to the entire Washington office of Arnold & Porter:

To: [D.C. office of Arnold & Porter]
Subject: Did you leave your tie on my chair?

I know this may sound ridiculous, however, I’m not sure how to handle this unusual situation. I don’t know where it came from, but this morning I found a tie on my chair…

If you left it here and would like it returned, please let me know. My general apologies for this interruption in your day.

Thanks!

Question for sender: Is your office chair all sticky today?

* He likes ‘em young. [WNBC]
* WSJ Law Blog follows SCOTUS comedy. [WSJ Law Blog]
* More Jack Thompson chicanery. [GamePolitics]
* In keeping with the non-top-tier theme, here’s a Tier 4 that’s moving. [WRAL]
* Sorry, Howard Bashman. [Yahoo!]

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