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Bronzeage

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Alternate thread title: Dear Penthouse, I never thought this would happen to me.

Even though we are now 16 years into the 21st century, our society has yet to reconcile itself to the idea we are on camera, no matter where we are, or what we are doing.

There is a local New Orleans radio personality and lawyer named Jennifer Gaubert. She no longer has a radio show.

In 2012, she was involved in an incident with a New Orleans cab driver. After the cabbie picked her up, she climbed over the seat of the cab and propositioned the driver. She pulled up her skirt to reveal she was not wearing panties, and then proceeded to unzip the man's pants and pull on his penis. She wanted to suck his penis, but he resisted her advances.

We know all of this to be a fact, because the cab driver had the presence of mind to set his phone camera on record and capture most of the incident. It's very clear that he does not want her attention and she just won't take no for an answer. He did the sensible thing and called 911 after she exited the cab.

I can imagine it was the hightlight of the 911 operator's day.

"911. What is your emergency?"
"She whipped out my penis and was trying to give me oral sex and I said no”
"Okay, so what's the emergency?"

The article does not state how authorities responded to this call, but about a year later, Jennifer reported an extortion attempt and claimed the cabbie had sent a blackmail threat through email. The cabbie was arrested and spent a day in jail, before making bail. The arrest was based only on the complaint, and no apparent investigation.

The whole thing got murkier when it was revealed the cabbie had filed a civil suit against Jennifer and expected a cash award for his distress and suffering. The video would be evidence, and unlike most extortion attempts, it's all a public record, including the video.

Jennifer was convicted of simple battery for her poorly executed seduction and sentenced to one day in jail, with the day suspended.

If there is a happy ending in all of this, the City of New Orleans coughed up $40,000 of the taxpayer's money to compensate the taxi driver for his troubles and his day in jail.
 
An battery is an intentional tort, and the victim has a right to sue. I don't know what his damages against her would have been though, but holding the same standard for both sexes, if you flip it and it's a man assaulting a woman like that, no one would have a problem with it. And had the cabby sexually assaulted the women like that, she would have sued the cab company and the cabby personally.

As to the City, you can't just go arrest someone without probable cause--like Bronzeage said, it's a violation of due process--and an especially outrageous one. How many of us can call the cops, tell them that someone is blackmailing us, and then have the cops go over and arrest the accused without any kind of investigation? And I don't know if the woman works for the city in some capacity, but if so, it's doubly egregious.
 
Thinkwe're getting a little too litigious these days? :rolleyes:

What's a night in jail worth to you? How should a citizen react to arrest and incarceration without due process?

People spend nights in jail without due process (in the sense of having been convicted) on a regular basis. Pre-trial detention is a thing.

In this case the police may not have had enough probable cause to justify it, if that's what you mean. It seems like maybe they acted entirely on her word, which does seem rash.
 
An battery is an intentional tort, and the victim has a right to sue. I don't know what his damages against her would have been though, but holding the same standard for both sexes, if you flip it and it's a man assaulting a woman like that, no one would have a problem with it. And had the cabby sexually assaulted the women like that, she would have sued the cab company and the cabby personally.

As to the City, you can't just go arrest someone without probable cause--like Bronzeage said, it's a violation of due process--and an especially outrageous one. How many of us can call the cops, tell them that someone is blackmailing us, and then have the cops go over and arrest the accused without any kind of investigation? And I don't know if the woman works for the city in some capacity, but if so, it's doubly egregious.

There are two civil suits in play here. The first was against the lady lawyer. The second was against the City of New Orleans.

Apparently the "Filing a false police report" charge came about because she mistook an offer to settle the battery civil suit as a blackmail threat. The video may have been held in private hands, but once the man was arrested, it guaranteed the video would be public.

She pleaded guilty to the misdemeanor simple battery charge and the felony false report charge was dropped. A felony conviction would have resulted in either suspension of her law licence or disbarment.
 
http://www.theneworleansadvocate.com/news/crime/11354603-123/full-of-twists-case-of

“If you look at it as a whole, the wrong person is sitting at this table. It shouldn’t be Jennifer Gaubert; it should be him,” one of her attorneys, Cameron Mary, told the judge.

“It’s an outrageous (civil) demand to begin with — $60,000 to be kissed by an attractive woman. You couple that with an embarrassing video, you have exactly what’s been reported: an extortion,” Mary said.

I know attorneys have to fight for their client, but this is one of the most preposterous arguments I've ever heard.
 
http://www.theneworleansadvocate.com/news/crime/11354603-123/full-of-twists-case-of

“If you look at it as a whole, the wrong person is sitting at this table. It shouldn’t be Jennifer Gaubert; it should be him,” one of her attorneys, Cameron Mary, told the judge.

“It’s an outrageous (civil) demand to begin with — $60,000 to be kissed by an attractive woman. You couple that with an embarrassing video, you have exactly what’s been reported: an extortion,” Mary said.

I know attorneys have to fight for their client, but this is one of the most preposterous arguments I've ever heard.

If not for the video, it would be a plausible alternative scenario. If she had settled for a kiss, none of this would be up for discussion.
 
http://www.theneworleansadvocate.com/news/crime/11354603-123/full-of-twists-case-of

“If you look at it as a whole, the wrong person is sitting at this table. It shouldn’t be Jennifer Gaubert; it should be him,” one of her attorneys, Cameron Mary, told the judge.

“It’s an outrageous (civil) demand to begin with — $60,000 to be kissed by an attractive woman. You couple that with an embarrassing video, you have exactly what’s been reported: an extortion,” Mary said.

I know attorneys have to fight for their client, but this is one of the most preposterous arguments I've ever heard.

When you've got nothing else, you go with preposterous.
 
http://www.theneworleansadvocate.com/news/crime/11354603-123/full-of-twists-case-of



I know attorneys have to fight for their client, but this is one of the most preposterous arguments I've ever heard.

If not for the video, it would be a plausible alternative scenario. If she had settled for a kiss, none of this would be up for discussion.

She had no right to a kiss. He should have reported the assault to the police but knowing how little the victims of sexual assault are believed, I see why he attempted blackmail. It was wrong but I understand it.
 
What's a night in jail worth to you? How should a citizen react to arrest and incarceration without due process?

People spend nights in jail without due process (in the sense of having been convicted) on a regular basis. Pre-trial detention is a thing.

In this case the police may not have had enough probable cause to justify it, if that's what you mean. It seems like maybe they acted entirely on her word, which does seem rash.

[dismal translator]I agree.[/dismal translator]
 
If not for the video, it would be a plausible alternative scenario. If she had settled for a kiss, none of this would be up for discussion.

She had no right to a kiss. He should have reported the assault to the police but knowing how little the victims of sexual assault are believed, I see why he attempted blackmail. It was wrong but I understand it.

He did call 911, immediately after the incident, for what that's worth.

The blackmail was actually a civil suit, which might be seen as an extortion attempt by some.
 
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