Sex

chastity belt sex tort ATL Above the Law blog.jpgProfessor Deana Pollard Sacks writes, over at Feminist Law Professors:

Since 2005, four states have finally recognized that fraudulent inducement of sex is rape. Not just immoral, not just “boys being boys” behavior, but misappropriation of a woman’s personal right to choose who invades her body. Perhaps surprisingly, the first state to recognize fraudulent inducement of sex as a basis for rape was Alabama in 2005.

Well, it’s not that surprising — Alabama’s not really that big on sex. Remember their sex toys ban?

California, Michigan, and Tennessee followed suit the following two years, and Peter Koutoujian of Massachusetts filed a similar bill in February, 2008, which, when passed, will make Massachusetts the fifth state to recognize the crime of “stealing” another’s sexual prerogative.

As Britney Spears famously sang, covering the Bobby Brown hit: “That’s my prerogative. They say I’m nasty. But I don’t give a damn. Getting boys is how I live.”

Oh, sorry, we got distracted. Back to Professor Sacks:

…. In a world filled with dangerous sexual diseases, it is particularly important to protect women’s rights to protect their own bodies, not just against physical violence, but against fraudulent inducement of sexual decisions and all of the dangerous consequences that can result from a lack of truly informed consent to sexual relations. For more background about the need for tort law to respond to the reality of sexual misappropriation, see my new article, Intentional Sex Torts, to be published in the Fordham Law Review in the fall of 2008.

Marc Randazza — whose Legal Satyricon blog is excellent, even if more sex-obsessed than ATL — is skeptical:

Expanding tort law to cover dishonest sexual encounters is a horrifying proposition. We have to be left to be human — even if that means that some immoral, abhorrent, and even disgusting behavior will leak through the sieve of our legal system. There simply does not need to be a law to cover every bit of sketchy behavior. For as long as we live and love, someone will lie about their feelings to someone else. Hearts will break. Men and women will lie to each other. Men and women will sleep with each other for the wrong reasons. I’m not simply arguing that “boys will be boys.” I am arguing that this is the yin to the yang of love, passion, and ecstasy.

Every time you meet someone or f*** someone, you are taking a risk. That’s part of the thrill!

True. But if it burns when you pee a few weeks later, the “thrill” is pretty much gone.

I wonder how the legal academy would respond if I published a law review article, Cock-blocking as tortious interference with sexual relationships.

Sounds like a tough sell. Try the Journal of Law & Chauvinism. But if they don’t accept it, nobody will.

We have enough problems with the religious right trying to squeeze government under our bedroom doors. Don’t let bored law professors push tort lawyers under our sheets too.

These are just snippets from two interesting, longer posts. Read them in full over here (Sacks) and here (Randazza).

Intentional Sex Torts [Feminist Law Professors]

“Intentional sex torts” [Legal Satyricon]

Carl McGee Carl Stanley McGee Governor Deval Patrick Above the Law blog.jpgFor 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).
Gary Zerola 2 Most Eligible Bachelor rape Above the Law blog.jpgA 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

Joshua Mauldin Josh Mauldin Joshua Maudlin Josh Maudlin Above the Law AboveTheLaw blog.jpgWhen it comes to horrible (and horribly trashy) conduct, it’s tough to top microwaving your baby. In a room at a La Quinta motel.
But you can certainly supplement it with additional misbehavior. From the Houston Chronicle:

A jury should not hear an allegation about sex in an interrogation room that occurred after the arrest of a man accused of burning his 2-month-old daughter in a microwave oven, a defense attorney argued Monday.

Prosecutors say witnesses saw Joshua Mauldin, 20, of Warren, Ark., have sex with his wife in an interrogation room at the Galveston County Jail several days after he is accused of placing his daughter in a microwave oven for 10 to 20 seconds on May 10.

Keep in mind, however, that this is a mere allegation:

[Defense attorney Sam Cammack III] denied that the sex act occurred and said a DNA test of the chair in the interrogation room tested positive for someone other than Mauldin or his wife.

ICK — but that must be one comfy chair. Time to cover it in plastic, just like grandma used to do.
P.S. If the allegation is true, it wouldn’t be the first time people have gotten busy in a courthouse. As chronicled in these pages, witness rooms and courthouse showers have also hosted assignations.
Lawyer: Microwave baby’s dad had interrogation room sex [Houston Chronicle]

animated siren gif animated siren gif animated siren gif drudge report.GIFGuess we picked our Lawyer of the Day too soon.
Update (2:30 PM): Press conference scheduled for 2:15 p.m., but Governor Spitzer is running 15 minutes late. “I don’t blame him,” said Ben Smith of the Politico, interviewed just now on CNN.
Update (2:35 PM): Jeffrey Toobin, who was an HLS classmate of Eliot Spitzer, described the news as “a total shock.” He said Spitzer has been “nothing but a straight arrow” for many years.
Update (2:50 PM): Still no press conference. Brooke Masters, author of Spoiling for a Fight: The Rise of Eliot Spitzer, was just interviewed on CNN. She noted that this scandal comes at a bad time for Spitzer politically, in the wake of last year’s scandal involving his misuse of the State Police for political purposes.
Update (3 PM): We’re stepping away for a bit, to give a talk at Stanford Law School. We’ll be back online as soon as we can. Some content will be posted while we’re gone (material prepared ahead of time, not Spitzer updates).
Developing… Check back for updates.
Spitzer Is Linked to Prostitution Ring [New York TImes]

Trojan magnum condom Above the Law blog.jpgCheck out this rather odd appeal from Florida, arising out of a prosecution for sexual assault charges. The defendant was originally charged with three counts of sexual battery, but was convicted on lesser included charges of misdemeanor battery.
One of the issues was whether the trial court should have granted a continuance based on the availability of a defense witness (even though the defense failed to move for a continuance at the time). From the opinion (PDF):

Defense counsel proffered one aspect of the urologist’s testimony: because Tyrrell’s penis was “smaller than average size” it “could not have caused” the injuries that Nurse Gibson observed during the rape exam.

You don’t normally see a man proclaiming his small penis size in public proceedings. But if a teeny weenie is a “get out of jail free” card, expect the defendant to play it. Think of it as the flip side of that Japanese appeal, in which a busty babe overturned her conviction by arguing that she was too well-endowed to fit through a hole she allegedly used to enter a building.
Our tipster described a second strange argument raised by the defense:

[The defense also argued] that the injuries were caused by the victim’s “aggressive” use of a dildo. [The opinion] mentions that the defense lawyer wanted the victim to identify the dildo from a “dildo lineup,” and that the defense attorney “extensively explored” the dildo issue with the victim on cross.

Seriously. The words “dildo lineup” actually appear in the opinion (and not even in scare quotes):

Tyrrell first argues that his “right to due process and right to confront witnesses” was violated because the state did not produce the [sex toys] that were the subject of the July 23 and August 2 orders….

Tyrrell contends that the trial court erred in failing to let him show the victim a dildo lineup.

If that doesn’t violate the Sixth Amendment’s Confrontation Clause, which guarantees a criminal defendant the right “to be confronted with the [dildos] against him,” we don’t know what does.
Tyrrell v. State (PDF) [Florida Fourth District Court of Appeal]

Love.jpgMarc J. Randazza fills us in on the Texas sex toy ban, just struck down by the Fifth Circuit. According to Marc, the arguments for outlawing the sale of toys for your pleasure-parts are thus:

(1) If the Texas dildo law is invalidated as an improper encroachment upon personal liberty, this will open the floodgates, and laws on bigamy and incest will be struck down too.

(2) Striking down the law “impermissibly overrides state lawmakers’ settled ‘authority to regulate commercial activity they deem harmful to the public’” (naturally citing a dissenting opinion from the 11th Circuit).

Marc slams the arguments for his own well-articulated reasons at the link. To us, the first argument is a slippery (heh) slope argument, which is usually a weak logical tactic. The second argument is stronger, although we’d like to see a list of reasons why sex toys are so harmful.
It is still illegal to sell sex toys in Alabama. The U.S. Supreme Court declined to hear an Alabama case in 2007 on the subject, so the lower court’s ruling (upholding the ban) remains intact. This quote, from Alabama store owner Sherri Williams (the store’s name is “Pleasures”) sums up the passion of people across the Southland who find the ban ridiculous:

“My motto has been they are going to have to pry this vibrator from my cold, dead hand. I refuse to give up,” she said.

You go, girl. By contrast, guns are perfectly legal in both states.
Texas — Still Obsessed With Dildos [Legal Satyricon]

Samantha Power 2 Cass Sunstein Kennedy School of Government Above the Law blog.JPGWe greatly enjoyed our recent visit to the University of Chicago Law School. The U. Chicago students were very welcoming and made us feel right at home, even inviting us to their law school musical — which, by the way, was delightful.
(We added many of them as friends on Facebook before we were mysteriously banned from the site, without notice or explanation. So if you no longer see us on FB, it’s not because we “de-friended” you, but because our account was disabled.)
A few Chicago students, however, had a bone to pick with us. They objected to this ATL post, which cast the recently announced departure of Professor Cass Sunstein — prominent scholar, beloved teacher, and possible Supreme Court nominee under President Obama — as a hiring coup by Harvard Law School, a triumph by HLS over Chicago. They emphasized that Professor Sunstein’s leaving the Windy City for Cambridge was prompted by personal rather than professional reasons.
Professor Sunstein said as much his farewell email (emphasis added; in fact, all emphases added throughout this post, unless otherwise indicated):

I’m writing to say that I’ve just accepted an appointment at Harvard Law School. It is an understatement to say that I don’t take this step easily or lightly. As most of you know, I’ve been reflecting on this question for several years. I finally decided, for personal reasons, that I need a change.

Since he’s a prominent Obama supporter — as well an adviser to the campaign, but more on that later, since it ties into our tale — it’s not surprising that Professor Sunstein is All About Change.
The law school’s popular leader, Dean Saul Levmore, also stressed the personal component to Professor Sunstein’s move. As he told the University of Chicago’s student newspaper, the Maroon:

“I’m sort of embarrassed that [the story] said that the University of Chicago couldn’t be reached for comment,” Levmore said. “It looks like we didn’t want to talk, but the truth is that this decision [to leave Chicago for Harvard] was based on personal reasons and I respect that privacy. The media will find out about them soon enough.

With a comment like this, Dean Levmore was basically begging us to go digging. So dig we did.
Martha Nussbaum Cass Sunstein Above the Law blog.jpgLet’s see, Cass Sunstein’s “personal reasons” for leaving U. Chicago… hold on a sec. Isn’t Professor Sunstein part of legal academia’s most fabulous power couple, together with that renowned philosopher queen, Professor Martha Nussbaum? And didn’t Professor Nussbaum just turn down a Harvard offer?
That was then; this is now. What we learned in our investigation is consistent with this ATL comment, as well as this (subsequently removed) Wikipedia edit.
It appears that Professor Sunstein may be part of a new “power couple” — in the most literal sense. Rumor has it that he’s romantically involved with Professor Samantha Power — a beautiful, brainy professor at Harvard’s Kennedy School of Government, who is roughly 15 years his junior. She is a Pulitzer Prize winner who has also been profiled in Men’s Vogue (see glamorous photo, at the top of this post). What’s not to like?
Update: More about Samantha Power here (from a college classmate who tried to hit on her, without success, and just ended arguing politics with her).
Now, please don’t give us full credit (or blame) for bringing to light the Sunstein-Power relationship. When we attended the Chicago Law School musical last weekend, Samantha Power got a shout-out near the end of the show, when the Cass Sunstein character announced his departure for Harvard. So the rumor of her romance with Professor Sunstein is already widely known throughout the U. Chicago community (and beyond); it’s no state secret. It is already known to hundreds, if not thousands, of people.
We reached out to all three members of this Mensalicious love triangle, which seems to come straight out of a Saul Bellow novel. Find out what we learned — two of them had no comment, but one of them did — after the jump.

double red triangle arrows Continue reading “The Real Reason Cass Sunstein’s Going to Harvard? He’s Got the Power”

threesome threeway Above the Law blog.jpgOne of our favorite lawyers, Michael Inglimo, is back in the headlines. You may remember him from this post on the Volokh Conspiracy, linked to on ATL, which raised the following question:

Does “engaging in a three-way sexual encounter with [a current client] and [the client's] girlfriend” count as having sex “with a current client” (a practice forbidden by state bar rules)?

Wisconsin answered in the negative, but disciplined him for other infractions. Now Minnesota has stepped in. From the Pioneer Press:

The three-way sex did not get a lawyer’s license suspended – but plenty of other things did.

The Minnesota Supreme Court has ordered that attorney Michael R. Inglimo stop practicing law for three years….

The high court decision comes after the Wisconsin Supreme Court suspended Inglimo’s license in October for illegal drug use with clients, having sex with a client’s wife, misuse of a client’s trust account, failure to maintain proper trust account records and criminal conviction for possession of marijuana. The Minnesota Office of Lawyers Professional Responsibility sought reciprocal discipline.

And got it — for the next three years, Inglino can’t practice in Minnesota as well as Wisconsin. There’s no split in authority, then, on the question of three-way jurisprudence originally posed.
3-way sex did not suspend lawyer’s license [Pioneer Press]

Hey, if they can make it past the metal detector at One First Street, it’s all good. Is that a gavel under your robe, Your Honor — or are you just reviewing the Joint Appendix?
This is certainly one of the more interesting circuit splits out there. Let’s hope for a cert petition and a speedy grant.
Dildoes Going to the Supreme Court? [Volokh Conspiracy]

Lawrence Goldstein Larry Goldstein Oompa Loompa Above the Law blog.jpgUPDATE (5/14/2014): The charge discussed in this story was refused on April 28, 2008, and the arrest record was expunged; see end of story below.

We do not intend to diminish the seriousness of attempted rape charges. But the bizarreness of this fact pattern cannot be denied. From WBRZ News:

A New Orleans lawyer sporting a purple cape, top hat and carrying a suitcase full of sex toys who visited a 24-year-old house-sitter has been arrested on counts of attempted rape and other crimes, police said.

Lawrence J. Goldstein, 40, attacked the woman early Monday, ripping her clothes off, torturing her, and forcing her to inhale “laughing gas” and smoke marijuana, Covington police said in a statement Tuesday.

Goldstein, who had sprayed the upper half of his body pink and sprinkled it with glitter, also brought a canister of nitrous oxide, known as laughing gas, police said.

The woman fled and called the police. Here’s what they encountered when they showed up, from the New Orleans Times-Picayune:

double red triangle arrows Continue reading “Lawyer of the Day: Lawrence J. Goldstein”

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