#MeToo in Clark County
02/02/2020- I have been reading the news reports of the Harvey Weinstein trial in NY.
(photo: ABC news)
OMG if nothing else is clear, you know that the news reporters are loving the chance to write this story and include every sordid and putrid little prurient detail. It reminds me of the reeking hypocrisy when old Ken Starr ...tasked to investigate White Water development...winds up writing a 400 page novella detailing every seemy little episode of sexual engagement between Clinton and Monica dwelling in pornographic detail on what happened.
(photo: USA today)
There is some special hell ...or should be...for these self righteous wankers who, when give some 'reason' to fondle the details of some sexual peccadillo will do so with keening delight and at length and meanwhile, no doubt, feeling so 'victimized' by having to fool around with such stuff. BARF! What wretches!
My friend Lindon Dodd
recently asked me, sardonically, if I could remember hanging out with the guys talking about sexually assaulting women a la Donald "Grab 'em by the Pussy" Trump. I replied that , no, I don't recall sexually assaulting women, though I made mistakes in my younger days, so I did not talk about it casaully or otherwise.
When I entered my career in the mid-80s though, I certainly recall a different 'atmosphere' of what men considered acceptable to discuss or joke about. In one law firm, the male lawyers used to comment freely (amongst the other men) on the physical attributes of the secretarial staff. There was a joke a senior lawyer used to tell about "how to make a hiring decision....pick the one that makes contact with the wall first. Ha ha ha." In other words, which ever candidate's breast were upright, large and perky enough to touch a wall before the others. Even then it was a pretty lame joke. But it wasn't considered forbidden. In the mid-eighties we were living in the emergence of a new legal theory "Sexual harassment". So there was an awareness of it...but it wasn't taken seriously. I remember seeing little humorous signs in some offices "Sexual harassment is not forbidden....but it WILL be graded!" I never knew if it was men...or women who put these little signs up.
I have to say that I don't think I ever even thought about doing sexual harassment . I knew it was wrong ...but not because of some law...I think my parents, especially my dad, taught me you were supposed to be a gentleman. That was a word that really meant something palpable to me....although I would be hard put to describe it. But one thing for sure...it meant you don't take advantage of anyone that you have authority over. Sex harassment clearly fit into that category.
But I don't believe that was the criteria embraced by everyone in Clark County as I was entering my career as a lawyer here.
*******************************************************
My first job as a lawyer was deputy prosecutor. (I shall always be thankful to Jerry Jacobi and Steve Stewart
for giving me this job in which I learned so much). Not too long after I was hired another DPA was hired....a woman. She had come from a prestigious situation further out west but wanted to be closer to her home and family. She was single and professional and protective of her dignity and accomplishments . I was assigned the task of 'showing her the ropes' in the Clark County Courts where she and I were going to do misdemeanor prosecutions in Jeff City and the County Courts. As we passed through to the courtside, I held the door open for her and she remarked "I don't need you to hold the door for me." I was taken aback. I did not do this gesture to underline she was a woman and I a man. It was a gesture I would have done for anyone, young, old male or female. Part of being a gentleman given a task of introducing a person. In my mind I judged her harshly. I felt it was rude and uncalled for.
Looking back though, I have changed my view of that situation quite a bit. Later on, there was a party of some sort that many from the prosecutor's office attended. At this party a male colleague, (now deceased) apparently took the liberty of grabbing this woman's bottom as 'a joke'. This resulted in her complaint to our boss...Steve Stewart. The grabbing and the complaint swiftly became known throughout the office and the courthouse. At the time (this was probably late 1987 or early 1988) I think all the sympathy was on the side of the man. She was being 'too sensitive' and he was 'just joking around'. No one...absolutely no one considered that, actually, this male deputy prosecutor had committed an act that could be prosecuted for sexual misconduct ..or simple battery. The end result was ....nothing. But she came out of the minor affair with her reputation damaged a bit by being thought to have no sense of humor and too sensitive to 'horseplay'.
Then, I think I shared in the general opinion. While I did not approve of anyone grabbing a persons body without their consent, neither did I think it was too big a deal. I recalled my 'holding the door episode' with her and thought she WAS too touchy. I don't think that way these days though. I see now that it was WE who were in the wrong. She had been right all along.
*********************************************************
In the nineties, we had a particular judge who was apparently a serial masher. I never saw it, but I knew the judge and had many casual conversations where it was clear to me that he had an extreme case of misogyny. Women were lesser beings who, if truth be told, just needed a good ****ing to set them straight. To my shame, I never checked this kind of talk or bothered to do anything to contradict, out or shame the guy. And, when I heard the tales of his grabbing, his leering comments and other boorish behavior with the women who worked for him....I did not one thing about it. It was 'just part of the territory'.
As far as I know, no woman ever actually lodged a formal complaint. Never. I suppose women
who dealt with this situation used strategy to navigate and avoid this kind of contact and tolerated
what they had to. They wanted a job and knew, too, how even a female deputy prosecutor who
complains is treated.
Ironic then, this person was eventually unseated by a woman candidate.
**********************************************************
As a lawyer, over the years, I have dealt with cases involving sexual harassment. Or that
emerged from such scenarios. People I care a great deal about have, at one time or another been
victims of this offense. But even up to today, there have been relatively few cases that actually
got to the level of a formal complaint and even less appear in a law suit. I DO think that today
it is better than it was when I began, way back there in the 1980s. Further, Clark County has
had 3 female judges elected. (Tiny Barthold, Vicki Carmichael, Cecile Blau). We have women in important offices as County Clerk (Barbara Haas, Susan Popp) and other offices.
Still, I am surprised we haven't had more 'me too' moments in Clark County History. I suspect there is still a strong current of 'good old boy' thinking that makes women who could make a
claim pause and be reluctant to 'shake the boat'. When you look at the Harvey Weinstein trial....
in big city New York...you get a pretty good idea why. Every woman who testifies there is being
scrupulously questioned about every single word or gesture she made after the assault. Further, every detail of her alleged assault is examined in excrutiating (and I imagine humiliating) detail Motive is questioned and many are judging the victim as well as the accused. I also know, as a defense lawyer this is, indeed, part of the defense lawyer's job and I would do the same. The truth is that sometimes false complaints are made with corrupt purpose. All of which makes this issue so very difficult to deal with.
I think it might be harder in Clark County than in other places.
(photo: ABC news)
OMG if nothing else is clear, you know that the news reporters are loving the chance to write this story and include every sordid and putrid little prurient detail. It reminds me of the reeking hypocrisy when old Ken Starr ...tasked to investigate White Water development...winds up writing a 400 page novella detailing every seemy little episode of sexual engagement between Clinton and Monica dwelling in pornographic detail on what happened.
(photo: USA today)There is some special hell ...or should be...for these self righteous wankers who, when give some 'reason' to fondle the details of some sexual peccadillo will do so with keening delight and at length and meanwhile, no doubt, feeling so 'victimized' by having to fool around with such stuff. BARF! What wretches!
My friend Lindon Dodd
recently asked me, sardonically, if I could remember hanging out with the guys talking about sexually assaulting women a la Donald "Grab 'em by the Pussy" Trump. I replied that , no, I don't recall sexually assaulting women, though I made mistakes in my younger days, so I did not talk about it casaully or otherwise.
When I entered my career in the mid-80s though, I certainly recall a different 'atmosphere' of what men considered acceptable to discuss or joke about. In one law firm, the male lawyers used to comment freely (amongst the other men) on the physical attributes of the secretarial staff. There was a joke a senior lawyer used to tell about "how to make a hiring decision....pick the one that makes contact with the wall first. Ha ha ha." In other words, which ever candidate's breast were upright, large and perky enough to touch a wall before the others. Even then it was a pretty lame joke. But it wasn't considered forbidden. In the mid-eighties we were living in the emergence of a new legal theory "Sexual harassment". So there was an awareness of it...but it wasn't taken seriously. I remember seeing little humorous signs in some offices "Sexual harassment is not forbidden....but it WILL be graded!" I never knew if it was men...or women who put these little signs up.
I have to say that I don't think I ever even thought about doing sexual harassment . I knew it was wrong ...but not because of some law...I think my parents, especially my dad, taught me you were supposed to be a gentleman. That was a word that really meant something palpable to me....although I would be hard put to describe it. But one thing for sure...it meant you don't take advantage of anyone that you have authority over. Sex harassment clearly fit into that category.
But I don't believe that was the criteria embraced by everyone in Clark County as I was entering my career as a lawyer here.
*******************************************************
My first job as a lawyer was deputy prosecutor. (I shall always be thankful to Jerry Jacobi and Steve Stewart
Looking back though, I have changed my view of that situation quite a bit. Later on, there was a party of some sort that many from the prosecutor's office attended. At this party a male colleague, (now deceased) apparently took the liberty of grabbing this woman's bottom as 'a joke'. This resulted in her complaint to our boss...Steve Stewart. The grabbing and the complaint swiftly became known throughout the office and the courthouse. At the time (this was probably late 1987 or early 1988) I think all the sympathy was on the side of the man. She was being 'too sensitive' and he was 'just joking around'. No one...absolutely no one considered that, actually, this male deputy prosecutor had committed an act that could be prosecuted for sexual misconduct ..or simple battery. The end result was ....nothing. But she came out of the minor affair with her reputation damaged a bit by being thought to have no sense of humor and too sensitive to 'horseplay'.
Then, I think I shared in the general opinion. While I did not approve of anyone grabbing a persons body without their consent, neither did I think it was too big a deal. I recalled my 'holding the door episode' with her and thought she WAS too touchy. I don't think that way these days though. I see now that it was WE who were in the wrong. She had been right all along.
*********************************************************
In the nineties, we had a particular judge who was apparently a serial masher. I never saw it, but I knew the judge and had many casual conversations where it was clear to me that he had an extreme case of misogyny. Women were lesser beings who, if truth be told, just needed a good ****ing to set them straight. To my shame, I never checked this kind of talk or bothered to do anything to contradict, out or shame the guy. And, when I heard the tales of his grabbing, his leering comments and other boorish behavior with the women who worked for him....I did not one thing about it. It was 'just part of the territory'.
As far as I know, no woman ever actually lodged a formal complaint. Never. I suppose women
who dealt with this situation used strategy to navigate and avoid this kind of contact and tolerated
what they had to. They wanted a job and knew, too, how even a female deputy prosecutor who
complains is treated.
Ironic then, this person was eventually unseated by a woman candidate.
**********************************************************
As a lawyer, over the years, I have dealt with cases involving sexual harassment. Or that
emerged from such scenarios. People I care a great deal about have, at one time or another been
victims of this offense. But even up to today, there have been relatively few cases that actually
got to the level of a formal complaint and even less appear in a law suit. I DO think that today
it is better than it was when I began, way back there in the 1980s. Further, Clark County has
had 3 female judges elected. (Tiny Barthold, Vicki Carmichael, Cecile Blau). We have women in important offices as County Clerk (Barbara Haas, Susan Popp) and other offices.
Still, I am surprised we haven't had more 'me too' moments in Clark County History. I suspect there is still a strong current of 'good old boy' thinking that makes women who could make a
claim pause and be reluctant to 'shake the boat'. When you look at the Harvey Weinstein trial....
in big city New York...you get a pretty good idea why. Every woman who testifies there is being
scrupulously questioned about every single word or gesture she made after the assault. Further, every detail of her alleged assault is examined in excrutiating (and I imagine humiliating) detail Motive is questioned and many are judging the victim as well as the accused. I also know, as a defense lawyer this is, indeed, part of the defense lawyer's job and I would do the same. The truth is that sometimes false complaints are made with corrupt purpose. All of which makes this issue so very difficult to deal with.
I think it might be harder in Clark County than in other places.
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