Legal Radar

Sweden SC Maintains Detention Order of Julian Assange

Early this week, the Supreme Court in Sweden shot down Julian Assange’s appeal of a pre-detention trial order of a 5-year old alleged sex crimes probe. Assange is the living founder of WikiLeaks.

The SC in Stockholm maintained its lower court rulings by requesting a detention of Assange, indicating no reason to repeal it with the probe ongoing.

Since four years ago, prosecutors wanted to interrogate Assange on rape, molestation, and illegal coercion allegations made by a two women after his first visit in Sweden in 2010. Assange claims the allegations were false and has yet to be indicted.

Swedish prosecutors in March made an agreement to interrogate Assange in London, where he hid at the Ecuadorean Embassy for a few years to avoid being extradited.

It’s still not clear when the prosecutors will make their visit in London. They’re still in the middle of discussing details with Assange’s attorneys, including possible dates and who will be available during the interrogation.

Local Law School Professors Blasting Sex Assault Policy

An Ivy League university is being criticized from its own law professors regarding school procedures for dealing with sexual assault complaints against students.

More than a dozen professors from Pennsylvania Law School signed a letter objecting the university’s latest sexual misconduct policy, which they believe doesn’t protect the rights of the accused. The publicly-exposed letter comes in the heels of a similar incident by professors at the Harvard Law School.

Penn professors are also troubled that the accused students are barred from getting an attorney to cross-examine witnesses against them.

A representative from the university’s administration defended the school’s policies.

The U.S. Department of Education’s Office of Civil Rights has given instructions to schools to utilize the preponderance of evidence standard in handling sexual misconduct situations.

The Pennsylvania Law School isn’t among the number of colleges being looked into by the agency for investigation or dealing with any sexual abuse complaints. 

Revenge Pornography Now a Criminal Act in United Kingdom

Revenge pornography is now deemed a criminal offense in the United Kingdom.

Parliament recently passed a legislation indicating that any individual who passes around sexual images without the consent of the subject and with intentions to trigger harm may be punished with a penalty and a maximum prison time of two years.

The debate has increased in recent years including the widespread use of digital cameras and videos, and easy online uploads.

In the United States, it passed laws that specifically targets the issue. 12 of the country’s states have passed laws in relation to revenge pornography. In certain cases, advocates of free speech fought in return against laws deemed too vague or arguing that current laws regarding copyright and harassment are sufficient.

The law would appear as if the United Kingdom would include elements that regularly allow other countries to adopt such as targeting individuals who have intend to hurt others by uploading or passing images against their will.

Judge Halts Duke Student Expulsion on Sexual Misconduct Case

A judge in North Carolina halted Duke University from kicking out a male senior who was recently accused of raping a female freshman.

Judge Osmond Smith of the Superior Court shot down Duke’s effort in dismissing a litigation filed by Lewis McLeod, the accused senior student who is blaming Duke who violated his contract privilege. The court ruling blocks the university from expelling him in the meantime.

Rachel Hitch, an attorney for McLeod, termed the injunction as “good news” for her client.

Hitch believes her client is the first student to be kicked out of Duke University for an alleged sexual misconduct. It would be the first for the school to carry out a new policy that makes expulsion a primary consequence for a student found guilty in such act.

The female freshman accused McLeod for raping her while she was drunk after both met in a campus bar. McLeod defended by saying the sex was consented and stopped it when she began to cry.

Woman Awarded $0.5m in Revenge Porn Lawsuit

A woman in Houston claimed that her now ex-boyfriend had taken sensitive pictures and videos of her without her permission. He then uploaded them onto the Internet after their breakup, a phenomenon known as "revenge porn", causing her great emotional and mental distress.

The woman had been in a long-distance relationship for seven years, and during that time span shared many intimate photos and video chats over Skype. However, after the breakup, the ex-boyfriend threatened and blackmailed her with those pictures and videos, which he uploaded to YouTube and other sites.

A Haris County jury awarded her $0.5m dollars, which currently stands as the largest revenge porn verdict in the country. There is currently no law against revenge porn in Texas: while some state lawmakers are considering making it illegal, opponents argue this may conflict with the right to the freedom of speech. Revenge porn is currently illegal only in New Jersey and California, though other states may follow suit as it becomes a more widespread issue. Meanwhile, the ex-boyfriend plans to appeal the verdict.

Eddy Curry May Sue Ex-Driver for Defamation in Retaliation for Sexual Harassment Suit Against Him

The Knicks center, Eddy Curry, who was sued for sexual harassment by his former driver, is considering filing a defamation suit against him in retaliation.
Curry was accused of racial discrimination and sexual harassment in a suit filed on Monday in the Southern District of New York, by his former driver, David Kuchinsky, who had worked for the NBA star for three years.
The lawsuit seeks $68,000 in unpaid wages and $25,000 in expenses that the Kuchinsky claims were not reimbursed, apart from $5 million in damages.
Allegedly, Curry made inappropriate sexual advances on Kuchinsky and exposed himself on two occasions. The lawsuit also claims that Curry referred to Kuchinsky in racially offensive and derogative terms and on one occasion, even pointed a loaded gun at his head.
Curry denied all of Kuchinsky's allegations on Monday night. Chicago based lawyer Kelly Saindon, who is currently representing Curry in the lawsuit claims that Kuchinsky filed the lawsuit because he was fired in October without any notice.
As a result of the sexual harassment lawsuit, Curry may sue Kuchinsky for defamation of character. Saindon stated that she will also file a motion to dismiss Kuchinsky's lawsuit on the basis that it goes against his employment contract according to which any workplace disputes would be resolved before the American Arbitration Association in Chicago.
To read more about the case click here.

President of College Sued for Sexual Harassment By U.S. Justice Department

Luna Community College, New Mexico has become embroiled in a sexual harassment controversy with the U.S. Department of Justice suing the institution for doing little to halt the sexual harassment of a subordinate employee by the president of the institution.
The lawsuit was filed in Albuquerque and seeks unspecified damages on behalf of the victim, Charlene Ortiz-Cordova. The suit was filed under Title VII of the Civil Rights Act of 1964.
At the time of the alleged harassment, Ortiz-Cordova was academic director of the institute. During her tenure at the college, she was subjected to unwanted sexual contact, gestures and comments by the college president at that time, Leroy Sanchez. His behavior towards Ortiz-Cordova created a hostile working environment for her.
As per her lawsuit the plaintiff's repeated complaints to her immediate superiors went unheeded. After a year of inaction, her complaint finally reached the human resource department of the college after which Sanchez was instructed to avoid contacting Ortiz-Cordova. However, nothing was done to discipline Sanchez or to see that the department's order was implemented.
In 2006, Ortiz-Cordova left her job and filed a complaint with the U.S. Equal Employment Opportunity Commission which investigated and verified the allegations. The case was then transferred to the Justice Department after repeated attempts to negotiate with Sanchez failed.
To read more about the case click here.

Parents of Special Education Student Sue School and Union Co. for Negligence and Abuse their Child Faced

Parents of a special education student who formerly studied at Liberty Elementary School, Liberty, Indiana have filed an official notice of their intent to sue the Union County-College Corner Joint School District and the East Central Special Services over the care and treatment of their child.
The family is seeking $3 million in damages for each alleged incident of abuse, neglect and battery that their child had to face at the school. Their charges include battery, negligent supervision, abuse, negligent infliction of emotional distress, intentional infliction of emotional distress, defamation and gross negligence.
The school was notified of the family's intent to sue on October 20, 2008. This notification is a prerequisite in Indiana. A public entity must be notified of a potential lawsuit against it before a civil lawsuit can be filed.
The child began attending the school in August last year. However, the child was soon removed from the school on a physician's advice for safety reasons. The child had become very upset about attending school and would cry every time upon arriving there.
To read about the details of the case click here.

Oakland Deputy Chief of Police Accused of Sexual Harassment

The Deputy Chief of Police of Oakland, California, one of the department's highest ranking officers, has been accused of sexually harassing a female sergeant. The complaint, which was initially filed with the department's Internal Affairs Division, was filed after the sergeant became uncomfortable when Jeff Loman discussed meeting her for dinner to talk about a possible promotion (the sergeant was due to be promoted to the rank of lieutenant).
The lawsuit against Loman comes while he is also undergoing a probe in the department's handling of the investigation into journalist Chauncey Bailey's killing in August 2007.    
To read more about the case click here.

Michigan Pays for its Past Mistakes with Taxpayer's Dollars

The state of Michigan may end up paying millions of dollars in damages to inmates of its correctional facilities, for the sexual abuse they faced while serving their prison terms.
The current scenario comes as no surprise to human rights groups who have been crying themselves hoarse for several years now, over the condition of female inmates in prison. They have alleged that prison guard were routinely groping, molesting and raping female inmates.
The class-action lawsuit was first filed in 1996. It may now end up costing the state hundreds of millions of taxpayer's dollars in damages. So far, 18 women have testified against the Michigan Department of Corrections. They have received $50 million in damages. Several more are yet to testify. The class-action lawsuit now has more than 500 inmates participating in it.
In its defense, the state has claimed that it did not take any action earlier because none of the inmates reported the alleged assaults. They also said that in any case, they found it hard to give credibility to the testimony of convicted criminals.
To read more about the case click here.