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California – U.S. judge says victims’ bodies can prevent rape
A Southern California judge is being publicly admonished for saying a rape victim “didn’t put up a fight” during her assault and that if someone doesn’t want sexual intercourse, the body “will not permit that to happen. The California Commission on Judicial Performance voted 10-0 to impose a public admonishment Thursday, saying Superior Court Judge Derek Johnson’s comments were inappropriate and a breach of judicial ethics. See entire news article by clicking on USA hyperlink below:
http://www.usatoday.com/story/news/nation/2012/12/13/judge-women-rape-victims/1768673/
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Report: Decade-Long Review Shows Texas Supreme Court Is Activist, Ideological
Court Watch—January 26th, 2012
The Texas Supreme Court has a long history of favoring corporate defendants over families and small businesses, according to a decade-long review of the Court’s decision making by Court Watch, a project of the non-profit Texas Watch Foundation.Court Watch reviewed the 624 cases involving consumers decided by the Court between 2000 and 2010. The report, “Thumbs on the Scale: A Retrospective of the Texas Supreme Court, 2000-2010,” finds that the state’s high court for civil matters “has marched in lock-step to consistently and overwhelmingly reward corporate defendants and the government at the expense of Texas families.”
“The Texas Supreme Court is an activist, results-oriented body that over the last 10 years has developed into a safe haven for corporate defendants at the expense of individuals, families, and small business owners,” said Alex Winslow, director of Court Watch. “The statistics speak for themselves. The court’s pro-defendant ideology can not be disputed.”Among the report’s findings are:
- Corporate and government defendants prevail in an average of 74% of cases annually.
- Consumers have lost 79% of cases in which they were pitted against a corporate or government defendant.
These findings lead Court Watch to conclude: “The Texas Supreme Court has become a reliable friend to those who seek to escape the consequences of their actions; its justices are the ultimate guardians for the moneyed and powerful who wish to shirk responsibility.”
The report focuses on the decade beginning in 2000 because it reflects a paradigm shift. In 2000, Rick Perry became governor. His appointees to the Court have taken it in a decidedly activist and ideological turn.
- Justices appointed to the Court by Governor Rick Perry have sided with consumers an average of just 29% of the time.
Despite a constitutional provision limiting its jurisdiction to questions of law – not fact – the Court has routinely overturned decisions made by local juries. Even Chief Justice Wallace Jefferson admonished the Court in a 2004 dissenting opinion, writing: “This Court is constitutionally bound to conduct only a legal – not factual – sufficiency review.”
- Texas Supreme Court has overturned local jury decisions in consumer cases an average of 74% of the time since 2004.
Court Watch writes that “The jury is our smallest, most direct, and least corrupted form of government. … However, the Texas Supreme Court has displayed a fundamental disregard for juries.”
Court Watch has been monitoring and reporting on the Texas Supreme Court and the impact its decisions have on Texas families since 1996. During that time, Court Watch has issued an annual list of the most anti-consumer cases of a given year. In keeping with that tradition, this report includes a “Dirty Dozen of the Decade,” a representative sampling of the most dangerous, far-reaching decisions made by the Texas Supreme Court during the last decade.
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The Law Offices of Kevin R. Madison is proud to announce a new record in obtaining swift justice for the victim of sexual harassment in the workplace. A woman who had only worked for her employer for one week was subjected to unwelcome lewd remarks and physical groping by her male employer. During the first week at her new job, the client’s employer made a lewd comment about her breasts, patted her on the buttocks, and later groped one of her breasts, stating, “I just wanted to know if they were real.” Within 12 hours of being hired on the case, attorney Kevin Madison contacted the perpetrator, obtained a confession from him, and obtained an agreement to settle the sexual harassment case for $35,000. Funds were delivered 72 hours later. Another victory for women in the workplace.
Although we are proud of this swift settlement it is unusual to get these results so quickly. We welcome the opportunity to serve victims of: sexual harassment and sexual abuse in the workplace; sexual abuse and exploitation of patients by doctors, psychiatrists, therapists, family counselors, clergy, priests, and rabbis. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com.
Attorney Kevin Madison’s training and experience as a police investigator, police chief, and assistant district attorney distinguish him from other attorneys in the field. Mr. Madison has 30 years of litigation experience and holds an “AV” rating from Martindale-Hubbell Legal Directory – the highest rating awarded to attorneys for legal competence and ethics.
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Medical Boards Discipline Physicians for Online Behavior
Author: Jenni Laidman
March 20, 2012 — Most medical licensing boards have received at least 1 complaint about unprofessional online behavior by physicians, and many of these complaints resulted in serious disciplinary actions, including license revocation, according to a research letter published in the March 21 issue of JAMA.
S. Ryan Greysen, MD, from the Division of Hospital Medicine, University of California, San Francisco, and colleagues report that 48 (71%) of the 68 executive directors of medical licensing boards responded to the study survey. Of those, 44 (92%; 95% confidence interval [CI], 86% – 98%) indicated receiving at least 1 complaint about an online professional breach.
The most common complaints reported inappropriate communication with a patient, such as sexual misconduct, which was reported to 33 (69%) of 48 boards (95% CI, 58% – 80%); inappropriate practice, such as Internet prescribing without an established clinical relationship, reported to 30 (63%) of 48 boards (95% CI, 52% – 74%); and online misrepresentation of credentials, reported to 29 (60%) of 48 boards (95% CI, 48% – 72%). Thirty-one boards indicated that reports were made by patients or their families (31/48; 65%), and 24 (50%) of 48 boards said other physicians made the complaint.
A New Way to Violate Our Standards
“We’ve just found a new way to violate our own standards,” Jason Jent, PhD, assistant professor of clinical pediatrics, Division of Clinical Psychology, Department of Pediatrics, University of Miami Miller School of Medicine, Florida, said to Medscape Medical News. Dr. Jent, who has published about physician online behavior, has no association with the JAMA letter. “Some of the violations we’ve seen in face-to-face communication, or over the phone, or by mail have now extended to online behavior. This is something we have to pay attention to,” he added.
The study authors say much the same: “Furthermore, these violations also may be important online manifestations of serious and common violations offline, including substance abuse, sexual misconduct, and abuse of prescription privileges.”
Thanks to author: Jenni Laidman
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I would like to address “Crime Victim Rights” laws that most states now have. These statutes mandate that crime victims have certain rights that prosecutors must follow. Some of these rights include the right of a crime victim to confront their assailant in court; to have a separate waiting room when appearing in court; to prepare and have the Court consider a victim impact statement before sentencing the defendant; the right to be notified of all court hearings and trial date; and the right to have input on plea bargains the prosecutors offer the criminal defendant.
When I initiate civil litigation against a perpetrator I send a “Crime Victim Rights” letter to the District Attorney who is prosecuting the victim’s criminal case. In Texas, the prosecutors (District Attorneys or County Attorneys) are duty bound to follow the mandates of the Texas Code of Criminal Procedure that govern crime victim’s rights. Whether or not a crime victim decides to pursue a civil action claim against the perpetrator, I would wholly encourage crime victim caseworkers and crime victim advocates to consider sending the prosecuting attorney a “Crime Victim Rights” letter. This letter lets the Office of the Prosecutor know that the crime victim is invoking her rights under the Act.
The Crime Victim Rights letter invokes the rights of the victim to be advised of any plea bargain agreements between the Prosecutor’s Office and the offender and also invokes the right of the victim to make a crime victim impact statement that the Court may review before imposing sentencing in the criminal case. A sample “Crime Victim Rights” letter can be found in downloadable format (Microsoft Word) from my law firm website at www.kevinmadison.com. This letter was designed to be used in Texas. However, you can probably modify this form letter to fit the applicable crime victim rights law in your state.
Kevin Madison is an Austin-based attorney with over 29 years litigation experience and 25 years of experience as a judge. He is also a trained Sexual Assault Crime Victim Advocate. He was the first attorney in Austin to file a civil lawsuit against a rapist and obtained a $1.5 million judgment in 1987. His experience and training as a police officer, police chief, prosecutor and EMT set him apart from most other personal injury attorneys as an advocate for victim rights in the civil justice system. To learn more about Kevin Madison or civil remedies available to victims of sexual assault, visit www.KevinMadison.com or call (512) 708-1650.
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A Weatherford company has settled a sexual discrimination lawsuit with the federal government after a woman complained of crude comments, unwanted touching and a manager who exposed himself to her, according to the Equal Employment Opportunity Commission. Hobson Air Conditioning settled a sexual-harassment and constructive-discharge lawsuit brought by the commission the day before the case was to be presented to a jury, the commission said Thursday. The settlement pays the woman $37,500 and imposes extensive conditions on Hobson.
Attorney Trey Harris of Fort Worth, who represents Hobson, said that the company admitted no wrongdoing and that the amount was about 20 percent of “what their best offer was in mediation.” “It is my opinion that the plaintiff’s evidence was quite weak,” he said. “Hobson is committed to an environment free of any kind of sexual harassment. They always have been. Hobson is a family business.”
The woman, a former Hobson installation coordinator, was the only female employee at its Kennedale facility. According to the commission, her manager subjected her to sexually vulgar comments and touches soon after she was hired, including repeatedly asking her to show him her breasts, making crude sexual demands of her “and even exposing himself to her on multiple occasions.” The woman reported the harassment to higher management, but nothing was done to stop the behavior or discipline the manager, the commission said. The company did not investigate her report, the behavior continued and the woman “had no choice but to quit,” the commission said. Constructive discharge, in employment law, refers to situations where an employee has no choice but to resign because the employer’s actions have become so intolerable.
“To have a manager subject a subordinate employee to such mistreatment has the potential to establish the acceptance of such behavior in the workplace,” commission lawyer Devika Seth said. “We hope this settlement shows that there will be accountability when such an abuse of power occurs.” Harris said that the conduct was supposed to have occurred in 2008 and that the manager is no longer with Hobson. In the settlement, Hobson also agreed to:
- Revise its sexual harassment policy and procedures to provide multiple avenues for reporting harassment.
- Conduct annual training for five years on the laws against sexual harassment and the proper procedure for investigating complaints.
- Report to the commission any complaints of sexual harassment for the next five years and post an anti-discrimination notice.
- Place in the ex-manager’s personnel file a notice reflecting the complaint.
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Justice for crime victims IN THE UNITED STATES: CIVIL TORT CLAIMS FOR SEXUAL ASSAULT AND SEXUAL EXPLOITATION ©- Part 3
A civil judgment obtained against a sexual or physical predator who “willfully and maliciously” assaults another cannot be discharged by the defendant if he files for federal bankruptcy court protection, like other debts can. This federal bankruptcy law applies to all bankruptcy courts throughout the United States. If a crime victim is able to obtain a civil judgment against a criminal predator for physical assault, or sexual assault, sexual exploitation, or sexual harassment, and there is a court finding that the acts were intentional and malicious, that judgment cannot be discharged or dissolved by a bankruptcy court.
Kevin Madison is an Austin-based attorney with over 29 years litigation experience and 25 years of experience as a judge. He is also a trained Sexual Assault Crime Victim Advocate. He was the first attorney in Austin to file a civil lawsuit against a rapist and obtained a $1.5 million judgment in 1987. His experience and training as a police officer, police chief, prosecutor and EMT set him apart from most other personal injury attorneys as an advocate for victim rights in the civil justice system. To learn more about Kevin Madison or civil remedies available to victims of sexual assault, visit www.KevinMadison.com or call (512) 708-1650.
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The Walt Disney Company was served with a sexual-assault lawsuit Tuesday, by a woman who claimed she was spanked against her will and kissed inappropriately during a taping of the Disney Channel’s “Good Luck Charlie.”
The lawsuit was filed in Los Angeles Superior Court by Plaintiff Kellie Rodriguez. Rodriguez states in her lawsuit that she attended a taping of the kids’ sitcom “Good Luck Charlie” with her children, her sister-in-law and her sister-in-law’s daughters in December of 2011. But instead of a wholesome, family-friendly experience, Rodriguez says that she was subjected to leering and sexual misconduct at the eyes, hands and mouth of crowd entertainer Ron Pearson.
Rodriguez claims that the ordeal began when she went to use the restroom and noticed Pearson “looking up and down Plaintiff’s body in a lewd manner,” the lawsuit says. Things went from “ewww” to worse when, according to Rodriguez, she was chosen by Pearson, along with two other audience members, to take the stage and participate in a contest that involved doing a “silly dance” to the Village People chestnut “YMCA.”
But what happened next was anything but silly, Rodriguez claims. According to suit, during the “silly dance,” Pearson began spanking Rodriguez while her back was turned to him.
“This unwarranted and unconsented spanking was relentless, and did not cease until Plaintiff physically turned around to stop it,” her lawsuit alleges. Rodriguez claims that after the contest was over Defendant Pearson asked her for a kiss on the cheek. “Being a good sport,” she says that she consented, but when she went in to give him the peck, Pearson “turned his face and kissed Plaintiff fully on the mouth.”
