The Language of Sexual Misconduct Cases

240 Pages·2012·1.05 MB·

by  Roger Shuy

THE LANGUAGE OF SEXUAL MISCONDUCT CASES
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THE LANGUAGE
OF SEXUAL
MISCONDUCT CASES
Roger W. Shuy
1
3
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Library of Congress Cataloging-in-Publication Data
Shuy, Roger W.
Th e language of sexual misconduct cases / Roger W. Shuy.
p. cm.
Includes bibliographical references and index.
ISBN 978–0–19–992696–1 (hardcover : alk. paper) 1. Sex crimes—
United States—Cases. 2. Sexual harassment—Law and legislation—
United States—Cases. 3. Child sexual abuse—United States—Cases.
4. Sex and law—United States—Interpretation and construction.
5. Law—United States—Language.
I. Title.
KF9325.A52S58 2012
345.73′02530264—dc23
2011050346
ISBN 978–0–19–992696–1
1 3 5 7 9 8 6 4 2
Printed in the United States of America
on acid-free paper
I wish to give special thanks to my daughter, Katie Shuy,
for her editing and proofr eading assistance in the writing
of this book. Her professional skills in writing and editing
were, as usual, extremely helpful. I also want to thank Professor
Larry Solan of the Brooklyn Law School and Professors Jeff
Renz and Fritz Snyder of the University of Montana Law School
for helping me try to understand some of the legal aspects of
sexual misconduct laws. I can only hope that I was an apt learner.
In addition, my thanks go to Professor Robert Leonard of Hofstra
University, who was my partner in analyzing some of the cases
described in this book.
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CONTENTS
1. Introduction 1
2. A brief overview of sexual misconduct law
and prosecution 9
SECTION ONE
SEXUAL MISCONDUCT IN THE
WORKPLACE
3. Fighting off a quid pro quo proposition 29
4. A patient confuses her doctor 46
5. Th e sheriff who didn’t know what hit him 60
6. Even senators can get in trouble 75
CONTENTS
SECTION TWO
SEXUAL MISCONDUCT OF
AN ADULT WITH A CHILD
7. One nightmare leads to another 93
8. Big trouble at a birthday party 103
9. Remembering sexual misconduct 112
10. On climbing into the wrong bed 129
SECTION THREE
SEXUAL MISCONDUCT OF
AN ADULT WITH ANOTHER ADULT
11. A dinner date that went very wrong 139
12. Unintended but still wanted sex 153
13. A prostitution sting operation 166
SECTION FOUR
PROSECUTION AND DEFENSE TOOLS
14. Prosecutorial problems in gathering and
the analyzing the evidence 179
15. Using linguistic tools in sexual misconduct cases 193
References 223
Index 227
viii
THE LANGUAGE OF SEXUAL MISCONDUCT CASES