Will The “Woke” American Bar Association Endorse Reject “Innocent Until Proven Guilty” In Sexual Assault Cases?

Sadly, I wouldn’t be surprised.

This is the main reason that I am no longer a member of the ABA, which has become more political and partisan with each passing year. I have often presented ethics courses for ABA sections in the past, and will probably do so in the future.  But the legal profession is one of many that has lost its ethical bearings of late, and the resolution its largest and most prestigious association will consider this week (the ABA’s annual convention begins today) is proof.

Here is the resolution (emphasis mine):

RESOLVED, That the American Bar Association urges legislatures and courts to define consent in sexual assault cases as the assent of a person who is competent to give consent to engage in a specific act of sexual penetration, oral sex, or sexual contact, to provide that consent is expressed by words or action in the context of all the circumstances, and to reject any requirement that sexual assault victims have a legal burden of verbal or physical resistance.

This is essentially the same standard that the Obama administration forced upon colleges and universities with its infamous “Dear Colleague” letter, resulting in many male students being persecuted, punished, suspended, or expelled without due process, based on an institutionalized bias in favor of female accusers.

The National Association of Criminal Defense Lawyers effectively expressed how sinister the resolution is in a statement issued on July 25, stating in part,

The criminal defense lawyer association notes elsewhere in its letter that this definition would necessarily undermine the Fifth Amendment right to remain silent, since “[t]he resolution will often force the defendant to testify in order to present evidence that consent was expressed.”

The NACDL also points out that the American Law Institute proposed revising its l Model Penal Code to include an affirmative consent standard. The ALI’s membership  rejected that proposal, as it should have, and did so decisively.

The ABA membership is more politically diverse—and principled—that the official posturings of the association itself suggests. I suspect, and hope, that this abomination of a resolution, which would be a disgrace for any legal organization to endorse, will fail. The fact that such a resolution would even make it to the voting stage is one more ominous piece of evidence that the progressive forces seeking to weaken the Bill of Rights are infiltrating all of our professions and institutions.

From The Ethics Alarms Archives: “Yes, Ethics Dunce Madonna Indeed Engaged in Sexual Assault On Stage In Australia”

Here’s an Ethics Alarms post about a story from 2016 that takes on some new elements when considered in light of #MeToo and the Harvey Weinstein Ethics Train Wreck. I’m wondering if Madonna would do this today.

Let’s review the players, shall we?

This is Josephine Georgiou, Isn’t she pretty? She was 17 in 2016.

This is Madonna, performing on stage in Australia. during her2016 concert tour.

She was and is over-the -hill and  has to be progressively more outrageous  to try to justify her concert ticket prices. During the 2016 tour, she was repeatedly late, suspected of being drunk on stage, and generally erratic. Her enabling supporters attributed this to a messy divorce. Of course, for a professional, that is no excuse: if you can’t do the job, then don’t charge people for you to do it.

Here is Josephine with a friend before they attended Madonna’s concert in Brisbane. Note Josephine’s outfit.

Note the nipple rings.

Forget the friend, and no, I have no clue as to what Josephine was holding. Maybe they have very small flies in Australia….

Now here is Josephine with her Mom, Toni, who also was at the concert.

More about her later. OK, I think we’re ready now. Fasten your seat belts, it going to be a bumpy trip down memory lane. Here’s “Yes, Ethics Dunce Madonna Indeed Engaged in Sexual Assault On Stage In Australia” from March 19, 2016…
Continue reading

Rueful Observations On The Latest Development In Virginia Governor Northam’s Blackface Scandal

Well, let’s see: my college has embarrassed me, my law school’s professors continue to make me wish I had earned a law degree by drawing “Skippy” from the cover of a matchbook, black students were apparently insulted in my home city’s famous art museum, my baseball team allowed itself to be split by “the resistance,” and my adopted state of Virginia has the most ridiculous governor since Rod Blagojevich was making Illinois residents consider moving to Tierra del Fuego.

To refresh your memory regarding  the Ralph Northam Ethics Trainwreck, since it’s been stashed in the news media memory hole for a while: the same week  that he appeared to casually explain how post-birth abortion works while showing all the passion of someone describing how to replace a carburetor, Northam’s med school yearbook surfaced showing the governor-to-be either dressed as a Klansman or wearing blackface, unless you subscribe to the theory that the photo of two men in such get-ups was just randomly planted on Northam’s page.

In a dizzying sequence, the Governor 1) apologized for the photo and wearing blackface in it, apparently admitting that it was him 2) said that he didn’t think either figure was him, and he could “tell by looking at it” 3) admitted that he did once wear blackface to look like Michael Jackson in a talent show 4) said that he had to have someone explain to him recently that blackface was considered offensive.

The short version: he’s a babbling, untrustworthy idiot. Continue reading

Pre-Memorial Day Weekend Ethics Warm-Up, 5/23/2019: Here, There, And Everywhere, With Hugs

Good morning…

Reflections: In D.C., today is being treated like a Friday, as it is assumed that everyone is taking off tomorrow for an extended 4-day weekend. It is irrelevant to ProEthics since we don’t take vacations, and ethics never sleeps, but impactful to Ethics Alarms, which means that I will be blogging for a handful of stalwarts—thank you all—and otherwise talking to myself.

This has me already thinking about Memorial Day, which in turn causes me to think about my father, who will be spending the holiday, now and forever, with my mother at Arlington National Cemetery. Being a World War II veteran was second only to being a father and husband in my father’s view of his life’s priorities. In his final years, he often drove down to the Mall and the World War II Memorial, wearing his vest with his medals, and served as kind of a volunteer exhibit himself, a real, live Word War II veteran for visitors, especially students and your tourist, to take photos with and interview. Many of his encounters that began with, “Excuse me, are you a real soldier from the war?” ended with him being hugged and even getting gifts. Now I regret I never accompanied him in some of those weekly excursions into old memories and personal pride. I only found out about them after his death in 2009.

A about a week after my dad died, I was at my parent’s condo with my mother. A knock on the door brought another resident of Fairlington South ( an Arlington, VA development converted from Army barracks during World War II) into the room. He was an active Vietnam vet, about my age, who had engaged my father to speak to his veterans’ group a few times, and who obviously admired Dad a great deal. He entered cheerily and asked, “Where’s Jack?” When I told him that Dad had died, the expression on his face melted into abject shock and grief so quickly and vividly that the image haunts me to this day.

I don’t think I fully appreciated how much my father was respected and loved by even casual acquaintances who knew about his service and character until that moment.

1. Theory: If you can’t win under the rules, change the rules. Nevada has joined the states attempting to by-pass the Constitution with the scheme of directing its electors to vote for the winner of the popular vote regardless of which candidate the state’s residents favored. I think that means 15 states, all with Democratric Party-dominated legislatures, are trying this stunt so far in frustration over Al Gore and Hillary Clinton joining Andrew Jackson, Samuel Tilden and Grover Cleveland on the list of Presidential candidates defeated by the Electoral College.

This is grandstanding: the device is unconstitutional on its face, and sinister mischief: the idea is to pander to civic ignorance (“Of course the popular vote winner should become President!” is an easy call if you don’t know anything about history or why the Electoral College was installed) and almost guarantees a Constitutional crisis and maybe violence in the streets the next time a Democrat loses despite a popular vote edge. Continue reading

This Is Sexual Harassment, And Until Hollywood, The Media, And the Public Realize It, The Harvey Weinsteins (And Joe Bidens) Will Roam The Workplace Like The Buffalo Once Roamed The Plains

Frasier now and then. Psst! Brendan! You can’t ambush actresses with kisses any more! At least not unless you’re running for President as a Democrat…it’s complicated. Give me a call.

This drives me crazy. I’m preparing a sexual harassment training seminar for an association, and this story just went into the introduction.

A nice cheery puff piece is up at E!On-line. about reminiscences by actress Leslie Mann (make that feminist, woke, #Me too-supporting actress Leslie Mann)   about the time she shot a movie with actor and one-time stud-muffin Brendan Frasier. A sample:

“Every morning before work we were in the hair and makeup trailer getting ready. And he would come in and kiss me on the lips,” she tells host Busy Philippswith an ear-to-ear grin. “Just like, ‘Good morning!’ And kiss. You know, like he’s European or something.”

Leslie got used to those morning smooches—earlier in the clip, the actor cheekily notes that since her character was supposed to fall for Brendan’s onscreen, she just went ahead and “fell in love with him in real life”—so it was pretty jarring for her when the kisses stopped suddenly one day.

Frasier didn’t ask permission for these spontaneous kisses, which #MeToo emphatically calls sexual assault in principle, just not when they like the assaulter. It is sexual assault, just like this is… Continue reading

Pssst! CBS! “NCIS” Is Confusing People About Sexual Harassment And Sexual Assault!

“NCIS” starring Mark Harmon and an ensemble cast, is the second longest running scripted drama on television at 15 full seasons (trailing only “Law and Order: SVU,” which will apparently continue until Mariska Hargitay drops dead of old age) and the seventh longest running such show since television began. A breezy procedural that records the adventures of the Naval Criminal Investigative Service, it depicts a diverse team that demonstrably idolize its leader, the enigmatic and tragic Jethro Gibbs, and support each other like a family.

As with all series that run this long and go into syndication while the show is still being produced ( “Criminal Minds,” “The Simpsons,” “NCIS LA,” and “Blue Bloods” is getting there), I eventually got sick of “NCIS” and hadn’t watched it for several seasons. However, last night’s Red Sox game was so dispiriting that I gave up for an inning or so, and peeked in to see how Gibbs and the gang were doing in Season 16. Almost immediately, I witnessed Harmon’s character planting a kiss on the face of the team’s new forensic specialist, Kasie Hines (Diona Reasonover, who appears to be about 18) just as he had often kissed Hines’s predecessor, Abby Sciuto (now departed Pauley Perrette), as you can see in the clip above. I gathered from Kasie’s reaction that this was the “new kid’s” first kiss from Gibbs, and she behaved as if it was both a surprise and the thrill of a lifetime.

For God’s sake.

A leader, manager, or supervisor should not, cannot, and must not kiss (or hug, or in my view, even touch) subordinates, particularly when the supervisor is male and the subordinate is female. This conduct was never appropriate, but beginning around 1980 the law began flagging it as potentially discriminatory, and once sexual harassment law crystallized—and Joe Biden’s memory to the contrary, that was a long time ago—such kisses, touches and hugs could be actionable. Continue reading

On Biden And Sexual Harassment, The Left, As Always, Is Hypocritical, But The Right, As Usual, Is Stupid

Ah, the good old days, when men were men and in charge, and women knew they were there to hug…

The question of the ages is, which is worse?

It’s a close call, but I vote for the conservative side.

It is true, transparent and pretty embarrassing (I hope) that so many progressives, the Walking Woke, and even feminists are tying their own brains and ours into knots by trying to defend Obama’s long-time happy-go-lucky serial toucher/ hugger/ kisser/ sniffer, nuzzler and groper. We’ve seen this integrity vacuum from them before, as when Gloria Steinem, after successfully selling the undeniable concept that when a man has superior power over a woman, that woman cannot meaningfully consent to being mauled (with love, of course) in the workplace or even boinked after-hours, changed her position so Bill Clinton could escape the consequences of his own sleazy and illegal behavior.

The hypocrisy,is especially egregious now, as I already discussed, because sexual harassment law has been around for over 30 years, because we are two decades past Monica Madness, because Al Franken is watching old Saturday Night Live videos somewhere in Minnesota, and because #MeToo was supposed to have made sure that America “got it.” How is the world can Biden pretend that this doesn’t apply to him? In a 2017 appearance at George Mason University, he defended the Obama “guilty until proven innocent” approach to campus sexual assault allegations, saying: “Guys, a woman who is dead drunk cannot consent — you are raping her! We’ve got to talk about this. Consent requires affirmative consent! . . . If you can’t get her to say ‘yes’ because she wants to, you ain’t much.” And Joe, a woman who is within feel-up distance of a Senator or Vice-President can’t give affirmative consent to touching, hugging, kissing, sniffing, nuzzling and groping, either. This isn’t hard. Continue reading