sexual harassment

What Is Justice For Kevin Spacey?

/ Jack Marshall / 24 Comments

 Prosecutors in Massachusetts this week dropped a sexual assault charge against the actor Kevin Spacey, in the only case against the alleged serial sexual harasser to be brought to trial. Mr. Spacey was accused of fondling an 18-year-old man at a Nantucket restaurant three years ago, one of the few of the accusations against him that wasn’t too old to try and that involved criminal conduct. The accuser’s lawyer said that a smartphone being sought as evidence by the defense  had disappeared, then the accuser invoked the Fifth Amendment after being warned that he could be charged with a destroying evidence, a felony if he had deleted contents on his phone. When the young man continued to assert his right against self-incrimination,  the Cape and Islands district attorney announced that it was dropping the prosecution “due to the unavailability of the complaining witness.” There wasn’t much choice.

Spacey’s far from out of the metaphorical woods. Around the same time as the Nantucket accusation, the Old Vic theater in London announced that 20 people had  accused Spacey  of inappropriate behavior  during his 11-year stint as the theater’s artistic director. There is another investigation in Los Angeles.

So now what? None of the allegations against Spacey have been proven, though, as with Bill Cosby, the sheer number of them leave little doubt—but still some— that he is a serial sexual predator. Spacey’s own house of cards began falling when actor Anthony Rapp gave an  interview to BuzzFeed accusing Spacey of assaulting him at a party when Rapp was only 14.  The accusation was never proven, but suddenly more stories of sexual misconduct in the workplace and elsewhere started surfacing regarding Spacey. (There is a lot about Spacey’s conduct and problems on Ethics Alarms, here.) Continue reading →

Saturday Ethics Run-Down, 7/20/2019: Perry Mason, Kamala Harris, And Home Runs-On-Demand

/ Jack Marshall / 13 Comments

I’m calling it a run-down because I’m run down….

1. More “phantom document” ethics. Last moth I wrote about the ethically dubious “phantom document” tactic, in which a lawyer alludes to a document he or she either does not have, or suggests a document has content it does not in order to trick a witness into recanting testimony.

I just saw the Eighties made-for-TV movie “Perry Mason Returns” that rebooted the classic series (and not so well) for an aging Raymond Burr. The great defense lawyer comes out of retirement to defend old legal assistant Della Street (Barbara Hale), who has been accused of murder. In the trial’s climax, Perry’s investigator Paul Drake, Jr. (played by Hale’s real-life son, actor William Katt of “The Greatest American Hero” fame) bursts into the courtroom and hands Perry a document, which he then holds as he asks the witness (Richard Anderson, playing a different role than he played in the original series) he was in the midst of cross-examining, “Would you like to reconsider your testimony? Would you like me to read a sworn statement from Bobby Lynch, in which he says you hired him to kill Arthur Gordon?”

The witness confesses that he planned the murder that Della was being tried for, and framed her. Della goes free! Perry then tells Della that there was no sworn statement. “I didn’t say I had a sworn statement,” he chuckles, “I just asked if he wanted me to read one.” Continue reading →

The Question I’m Glad I Didn’t Get In My Sexual Harassment Seminar…

/ Jack Marshall / 35 Comments

A question to the New York Times’ “Work Friend” column this month raised an issue I’ve considered but never written about regarding sexual relations in the workplace. The columnist botched it badly, but I’m pretty sure my answer would be extremely unpopular. Well, so be it.

The question came from a female employee about to attend a conference at a “fancy hotel with a swanky pool,” She wanted to know if she should pack her bikini, or if wearing a skimpy/revealing/sexually provocative bathing suit around her boss, co-worker  and industry colleagues was inappropriate.

It’s inappropriate. Continue reading →

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

/ Jack Marshall / 18 Comments

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 →

Saturday Ethics Warm-Up, 6/1/2019: Ethics Is Busting Out All Over! Mostly BAD Ethics…

/ Jack Marshall / 18 Comments

Happy June!

1. Boycott/extortion update! Let’s see if Georgia has as much guts and principle as Alabama, and tells Disney to go fly a kite.

Hugh Culverhouse, Jr., the University of Alabama’s largest donor,  called for a boycott of Alabama , both the University and the state , because of Alabama’s defiant, anti-Roe  abortion ban, recently signed into law. The university’s law school was renamed Hugh F. Culverhouse Jr. School of Law last September 2018 after the Florida businessman pledged  $26.5 million to the university. In response to Culverhouse’s boycott call, University of Alabama System Chancellor Finis St. John recommended to the Board of Trustees that it return the $21.5 million  the law school it has actually received from Culverhouse, and restore the name to “The University of Alabama School of Law.”

Good. That’s exactly how states should respond to attempted extortion by individuals and corporations to control their lawmaking and bend the state to their wills rather than the decisions of voters. The whole story is at TaxProf Blog.

2. Nah! A reverend like, say, Martin Luther King would never engage in the kinds of sordid acts his biographer claims! They are men of God!

Bobby J. Blackburn, the pastor of Elevate Church in Prestonsburg, Kentucky,  was arrested this week and  charged with the prohibited use of an electronic communication system to procure a minor to commit a sex act. Blackburn is also the owner of Giovanni’s, a pizza restaurant in Prestonsburg. A girl who worked there showed a police sergeant images of an iMessage conversation she had with Blackburn in which he asked the minor to engage in a “threesome” with him and another girl, also a minor. He also made other sexually explicit requests.

Rev. Bobby tried to weasel out of his mess by bringing a third young woman to the police station and having her claim that she sent the incriminating messages from his phone. It didn’t work: under questioning, she admitted that she was lying and that Blackburn ordered  her to make the false claim under threat of losing her job.

I hear he’s one heck of a pastor, though! Continue reading →

Memorial Day Weekend Ethics Warm-Up, 5/26/19: The Fish, The Fist Bump, And Harriets’s Lament

/ Jack Marshall / 36 Comments

Good Morning!

Here is another of my father’s favorite Sousa marches, “The Black Horse Troop.” I remember thinking about the march when I saw that the riderless horse in my father’s Arlington funeral procession was all black.

1. Let’s start with a fish story…

That’s Tom Volk holding  the nearly 17-pound walleye he caught along the Heart River in Mandan, North Dakota. Little did he know that what was briefly a happy experince for him would end up with him being attacked on social media and prosecuted by the state. A fish is considered hooked illegally—it’s actually a crime—if the hook was in the fish’s back rather than its mouth. As soon as Volk claimed the record, he was accused of cheating. The Game and Fish Department opened a criminal investigation. Volk had to hire  a lawyer, and the prosecution could have an impact on his career:  Volk serves as a city councilman in North Dakota and works in drug prevention for the state government.

Finally game wardens compiled an 11-page report on the fish after conducting witness interviews. The county prosecutor said  his office had reached “a consensus view” that the walleye had been improperly hooked. The chief game warden said he was convinced that the fish was “foul-hooked,” but also believed that Mr. Volk might not have known about the infraction until after he left the riverbank. His department issued a written warning, disqualifying the fish from record consideration, but no criminal citation.

The walleye could not be reached for comment. Continue reading →

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

/ Jack Marshall / 34 Comments

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 →

Open Forum!

/ Jack Marshall / 32 Comments

 

Flush with the news that 60% of male managers now say they are uncomfortable mentoring, working one-on-one or socializing with a woman, I am teaching a workplace harassment seminar this morning for the staff of a local association.

60% represents  a 33% increase from last year. There’s more bad news:  Senior-level men also say they are 12 times more likely to be hesitant about one-on-one meetings with a junior woman than they are a junior man, nine times more likely to be hesitant to travel with a junior woman for work than a junior man, and six times more likely to be hesitant to have a work dinner with a junior woman than a junior man.

Thanks, #MeToo!

But I digress. You can write about that, or any other ethics issue. Be civil and brilliant.

As Arnold says, “I’ll be back.”

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

/ Jack Marshall / 5 Comments

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 →

Afternoon Ethics Warm-Up, 4/25/19: Hypocrisy Edition

/ Jack Marshall / 15 Comments

Having a delightful afternoon I hope?

1. “Ethics Bob” is back! After what I gather have been extensive world travels with his wife, Ethics Bob  reanimated his blog this week, and I am hoping that Bob, who kindly credited me with inspiring him to write his ethics book, and who teaches ethics himself, will begin commenting again on Ethics Alarms. He is that rarity around here, a committed liberal who plays fair in debates. Unfortunately, Bob’s return post is wrong—and I distinctly remember a lunch with Bob in which he insisted that Bill Clinton shouldn’t have been impeached—but that’s OK.  He’s ethical, thoughtful, and open-minded. Check in with him, and hope along with me that he starts checking in here.

2. How much hypocrisy can Democratic voters stand? In Virginia, Lt. Gov. Justin Fairfax has been hit with multiple allegations of rape and sexual assault. Despite the lip  service the national party has given to “believe all women,” and its position during the Kavanaugh hearings that accusations alone were enough to disqualify a judge for the Supreme Court,  Virginia  Democrats refused to join Republican efforts to sanction or remove Fairfax, who is black and the #2 official ins a state where #1 has admitted to wearing blackface. In order to show that they don’t approve of Fairfax (while not having the integrity to make him hew to the standards they have been advocating for years) the Democratic Party of Virginia rejected his $2,500 donation for the party’s Blue Commonwealth Gala in June.

“We were not comfortable accepting the Lieutenant Governor’s PAC’s contribution and we let his team know that when they reached out,” party spokesman Jake Rubenstein told the  The Washington Post .

“The Lt. Governor’s We Rise Together PAC was planning to have a group of African-American pastors and other supporters sit at his table,” Fairfax spokeswoman Lauren Burke told the Post. “He is innocent and has passed two polygraphs and repeatedly called for an investigation. DPVA has assumed he is guilty of a violent criminal act with no investigation or even a conversation to ascertain his version of events.”

But if the party believes Fairfax is guilty of violent crimes and #MeToo outrages, why is he still in office? Continue reading →