News & Analysis as of

Rape

Exigent Circumstances Under the Fourth Amendment May Extend to the Need to Interview an Arrestee in Place

In a split decision in United States v. Delva, No. 15-cr-683 (Kearse, Winter, Jacobs), the Second Circuit held that the Fourth Amendment allowed law enforcement officers to seize cell phones and a number of letters that were...more

EEOC Sues Favorite Farms for Sexual Harassment, Including Rape, And Retaliation

Farmworker Sexually Assaulted and Retaliated Against for Reporting the Conduct, Federal Agency Charges in Lawsuit - TAMPA, Fla. - Favorite Farms, Inc., a farming business growing a variety of produce in Dover, Fla.,...more

Violence Against Women

by Sherman & Howard L.L.C. on

The facts alleged are horrific. A supervisor had a history of screaming obscenities and throwing things at women who worked for him. The employer sent him to anger management classes. His preferred victim was seven months...more

Christmas party incident of sexual harassment leads to dismissal, then reinstatement, of firefighter

by Dentons on

A male firefighter who had been “drinking heavily” has won reinstatement to his job after being fired for sexually harassing a female coworker at the fire department’s Christmas party. The Christmas party was held at a...more

Sexual Abuse at St. George's School and the School's Reponse: 1970 to 2015

by Foley Hoag LLP on

In January 2016, I was asked to conduct an investigation concerning sexual abuse at St. George’s School, and the school’s response to reports of abuse, from 1960 to the present. At the time, St. George’s faced a firestorm of...more

High Court Permits University’s Contravention of Its Own Privacy Policy

by Reed Smith on

The High Court in Bangura v Loughborough University [2016] EWHC 1503 (QB) ruled 19 May that Loughborough University acted lawfully under the Data Protection Act 1998 (“DPA”) in supplying Leicestershire Police with the...more

The New Clery Handbook: What Your College or University Needs to Know Before Publishing Your October 2016 Annual Security Report...

On June 23, the U.S. Department of Education, Office of Postsecondary Education, published the 2016 Edition of The Handbook for Campus Safety and Security Reporting, as required by the Clery Act (the “Handbook")...more

Premises Liability – Nightclub Liable for Rape of Patron by Employee

by Low, Ball & Lynch on

Janice H. v. 696 North Robertson, LLC - Court of Appeal, Second Appellate District (July 14, 2016) - Under California law, an owner of land has a duty to take affirmative action to control the wrongful acts of third...more

The Hot, Sweaty, Smelly Results are In: You Can’t Sexually Harass Your Employee Even if She’s a Lawyer and You’re a Guru

by Ervin Cohen & Jessup LLP on

In a tabloid-worthy legal verdict delivered on January 27, 2016, hot-yoga guru Bikram Choudhury has been found guilty by a Los Angeles jury of sexually harassing his own company lawyer and then firing her after she attempted...more

Africa Update - October 2015 #4

by Mintz Levin - ML Strategies on

Leading the News - Tanzania: On October 25th, voters in Tanzania went to the polls to vote for a candidate to replace outgoing President Jakaya Kikwete, who was unable to run for a third term under the country’s...more

EEOC Wins Jury Verdict of over $17 Million for Victims of Sexual Harassment and Retaliation at Moreno Farms

Florida Farm Managers Subjected Women Workers to Coerced Sex, Groping and Verbal Abuse, Then Fired Them for Objecting, Federal Agency Charged - MIAMI -- A federal jury has returned a unanimous verdict awarding a total of...more

Bad Science Makes Bad Policy on Campus Rapes

by Taylor English Duma LLP on

The federal requirements for responding to campus rape has garnered much criticism for lack of due process, presumption of guilt, and discrimination against men. Recent reports indicate that it also is based on bad science....more

MIT 2014 Community Attitudes on Sexual Assault

More than 3,800 undergraduate and graduate students responded, or about 35% of the institution’s total student population. (This 35% consisted of 46% of surveyed undergraduate females, 35% of undergraduate males, 37% of...more

School Districts: School Districts’ Response to Sexual Harassment and Sexual Violence Under Scrutiny – Is Your District In...

by Bond Schoeneck & King PLLC on

The media stories being published across the nation criticizing schools for their failure to respond to sexual harassment and sexual violence against students serve as a warning to other school districts to consider whether...more

California Adopts Unprecedented “Yes Means Yes” Law, Changing the Way Colleges Must Investigate Sexual Assault Allegations

On September 28, 2014, California Governor Jerry Brown announced that he had signed SB967, the so-called “Yes Means Yes” bill into law, effectively changing the definition of “consent” for sexual partners on California...more

Title IX And Sexual Assault On Campus

by Fisher Phillips on

In January this year, President Obama created the Task Force to Protect Students From Sexual Assault to provide colleges and universities with recommendations to prevent and respond to sexual assault and enhance efforts to...more

Section 230 Does Not Apply to Allegations that Website for Models Failed to Warn Plaintiff About Potential for Rape

by Davis Wright Tremaine LLP on

The 9th Circuit earlier this month decided that Section 230 of the Communications Decency Act, 47 U.S.C. § 230, does not bar claims that a networking website for models failed to warn a member that a third party might use the...more

Discipline as Defamation: Title IX, Disciplinary Panels, and The Risks of Righteousness in The Wake of Wells V. Xavier and Harris...

LR-college-campus_med_rgbTwo recent court rulings illustrate some of the perils facing university administrators when handling internal disciplinary complaints against students who have been alleged to have committed...more

Higher Education Highlights - Summer 2014

by Saul Ewing LLP on

In This Issue: - Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New Questions - Supreme Court Asked If State Universities Are Exempt From...more

Legal Updates for Government Entities Covering March and April 2014

The Gallaghers sued TUSD and a TUSD school employee, Michael Corum, alleging that Corum sexually abused and/or exploited their developmentally challenged daughter at a TUSD school. The Gallaghers claimed that TUSD was...more

Guidance About Title IX: White House Task Force to Protect Students from Sexual Assault Releases its First Report

by Foley Hoag LLP on

In a report released Tuesday, the White House task force on sexual assaults outlined five action steps and recommendations for ensuring compliance with Title IX and protecting students on college and university campuses from...more

Obama Administration Announces Voluminous Guidance Regarding Sexual Violence

by Franczek Radelet P.C. on

Schools now have a substantial amount of additional guidance to review, process, and implement in their ongoing efforts to address sexual violence and achieve and maintain compliance with Title IX of the Education Amendments...more

Report of the White House Task Force to Protect Students from Sexual Assault

Today the White House issued the “first” report from its task force on sexual assault. The Report provides a number of recommendations for colleges and universities and is a “must read” for any administrator charged with any...more

White House Task Force on Sexual Assault Releases First Report; OCR Issues Long-Awaited FAQs

by Ballard Spahr LLP on

The White House Task Force To Protect Students from Sexual Assault today released its first report, which contains a series of recommendations focused on identifying the scope of sexual assault on college and university...more

Forced Sex During Marriage Can Lead to a Protection From Abuse Order

Did you know that a spouse can get a protection from abuse order against the other for forced sex? That is what happened in the recent case of Boykai v. Young, 2004 Pa. Super. 4 (January 7, 2014). In Pennsylvania, the...more

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