Some contract clauses are simply unenforceable for public policy reasons. Imagine that murderers could pay their way out of serving a sentence for their crime?
Generally, not if subpoenaed and required to testify by the prosecutor/courts.
“Anyone who believes O’Reilly paid $32M plus millions more to others to protect his children from untrue allegations has rocks for brains.”
I’m going to make a point of telling my dad tonight: if someone asks you to give up $32 million to protect me from some ugly truth…go ahead and save the money. Even though my sisters and I would have to split it four ways someday. $8 million could buy a lot of comforting trips to Tahiti.
From what I’ve seen discussed about it, the NDA does not legally prevent victims from reporting crimes to law enforcement or testifying, but victims may not have understood that.
The terms of the settlement may call for arbitration rather than a court action, and arbitration can be as private as the agreement requires.
Not all court actions are public, or open to the public.
So true.
During the custody fight, his 17 yr old daughter told the court she had watched her father drag her mother down a flight of stairs by the neck and she preferred to live with her mom.
The kids need protection from their father, not the press.
For the guys who think they are somehow adding to the discussion insightfully, from Gretchen Kelly:
He actually spoke to two NYTimes reporters and let it be recorded. It was featured on the podcast “the daily” yesterday. He spoke after he thought the recorders were off too and sounded like his usual bullying self. In his mind, he is not the wrongdoer. His mind is clearly flawed.
“It’s the relentless onslaught of dudes who feel compelled to comment on each story of abuse and trauma in unhelpful ways. Who love to muse that women should have spoken up sooner, or women should have prevented it, or women shouldn’t be victims. Who can’t seem to understand that their job is to listen, stay silent, or go after the predators. And with every chin scratch and psuedo-intellectual analysis they are kicking dirt in the face of every woman who has been dealing with this (stuff) since they were 3 or 8 or 16.”
Very much like white people discounting the stories of racism told be people of color. Definitely corollaries. Yes, if you aren’t one of the folks affected, it is best to listen first and understand then be part of the solution.
(That said, males are victims of sexual abuse, too, and those stories need to be heard as well.)
James Toback, a director I hadn’t heard of but who has directed famous movies, has been accused by over a hundred women of revolting sexual assault.
http://www.latimes.com/entertainment/la-et-mn-james-toback-sexual-harassment-allegations-20171018-story.html
[The LA Times article says 38 women, but since then another HUNDRED have come forward.]
I’m sorry so many women have gone through this, but when this Harvey story broke I thought every person in Hollywood who has abused women or children - watch out, it’s going to break this dam open. I find it interesting as judgy as Hollywood tends to be about everything under the sun - this one got a pass from so many, for so long. It’s about time.
Do this experiment: Think of a field of work. Then type "sexual harassment ". You will get stories of sexual harassment and sexual assault in that field of work.
I read a number of the Toback stories in the last few days, and many of them seem to be stupid pickup attempts rather than “assaults.” He sounds like a major jerk. Not as bad as HW, but bad enough.
I agree that unpleasant come-ons are not sexual harassment or assault. My concern is what happened with the women Toback succeeded in “picking up,” apparently by pretending a professional interest: he then assaulted them.
Technically, forced dry-humping to orgasm may not be sexual assault, and that distinction is important in a court of law. But ugh. (I was trying to describe the allegations in the least graphic terms, and this is the best I could do. Ugh.)
Ummm – I’d certainly call it sexual assault. Seems to me anything with touching is assault, unless it’s just a pat on the shoulder or something.
Note that different states can have different legal terms for the same act. Even what people would ordinarily call “rape” may have some other legal term that is not “rape” in some states.
In California, it is possible that the described acts (reply #629, #634) constitute “sexual battery” as described in Penal Code 243.4(e)(1): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=243.4.
Looks like Toback’s alleged behavior would count, at least in some jurisdictions, as “sexual misconduct.”
New York:
That sounds clear enough.
What? Seriously?!?