Waukegan radio station WXLC is being sued after having women compete to go on a date with a “great guy” Travis Harvey, 46. The radio station did not mention that Harvey had been convicted of violating an order for protection. He has now pleaded guilty to sexually assaulting the “winner” in the contest, a 24-year-old who went on the date in February 2007.
The rape victim is charging that the Delaware-based NextMedia, the parent company of WXLC, should have done a background check on the man they were promoting as a “great guy. Had they done so, they would have learned that Harvey was convicted in March 2006 of misdemeanor and felony charges for violating a domestic battery order of protection.
The liability for such contests has been well-established. In Weirum v. RKO, the court held that the Real Don Steele and RKO Corp. were liable for a contest where teenagers would speed to find the Real Don at various locations. When a third party was injured by speeding teens, the court allowed recovery.
This case should be easier on a legal level. This is a straight negligence claim — not a vicarious liability claim as in Weirum. The promotion of a man “as a great guy” adds to the liability base. The fact that he is a felon might not be negligent in itself if the crime was for taxes or some other non-violent offense. However, the fact that it was a protection order is obviously relevant and should have disqualified him from the promotion. It will be interesting to see if the radio program even inquired as to the person’s history. This should be an interesting case to watch develop.
For the full story, click here.
Gyges,
I disagree with your ‘position’ and my remarks were not aimed toward you or others withouta legal background. Jill ‘weighs in’ on many complex legal issues where it’s apparent she doesn’t know what she is talking about.
Since I precede Jill as one of the few women who blog here regularly, I’d like to say that Jill does not speak for me, nor many of my girlfriends, on most issues from politics to child-rearing
– which is how FFLEO led with his comment about female ‘turlee’ cognitive skills and dating.
And I HAVE stopped reading most of Jill’s posts because while I am tough in many ways, I, like you, am also quite sensitive, as well.
I couldn’t do what I do if I wasn’t both.
However, I don’t appreciate being imposed upon, outside of a health-care setting, with her persistent angst and hand-wringing, frankly. I find her negativity about the state of our nation ‘mood-altering’. And pardon me for volunteering my opinion, you would do well to stop enabling her dysfunctional mindset.
‘If you’re not part of the solution, you’re part of the precipitate.’
~Henry J. Tillman
I will reply again when the case is settled. About all I can add now is that I wager WXLC will not be running another ‘dating game’ even if the plaintiff receives a less than completely favorable decision.
Patty,
Far be it for me to jump into the middle of a (one sided) cat fight, but since most of your complaints about Jill also apply to me, I thought I’d defend her (and myself). After that I’ll stay out of the fray, I promise.
One doesn’t need any legal training to discuss the societal impact of laws, nor to just have an opinion. I have no problem with someone who doesn’t know everything there is to know about a subject commenting on it, as long as they admit their ignorance. Anyway most of the discussions that I’ve seen on this blog don’t center around legal specifics, but around the implications of various political, legal, and moral philosophies. Those tend to be the ones that Jill takes place in.
As far as the Atheist thing goes, perhaps she (like a lot of the atheists I know) studied the various religions trying to find one that rang true.
The thing that drew me to start commenting here (this is the only site I generally even READ the comments, let alone comment myself) is the civil and thoughtful discussions that go on, even when people vehemently disagree with each other. The exception being your comments towards Jill. If you really find her so abhorrent, may I suggest just not reading her responses? Since you’re going to dismiss her opinion out of hand anyway, it seems that it would save you a little trouble.
As I stated previously minus the following link to ABA:
http://abajournal.com/news/woman_wins_date_then_sues_radio_station/
‘We’were commenting on the criminal case and on the facts presented here in the articles, I thought.
He was convicted of ‘criminal sexual abuse’ not ‘rape.
He admitted to ‘fondling’ and probably had to plead it out given his record.
And FFLEO’s morally culpable question goes to the plaintiff’s decision to agree to have dinner at defendant’s home, which also turned out to be nothing more than a frozen pizza, instead of dinner at the House of Blues previously agreed to and arranged BY the radio station.
If that had been me, I would have said ‘If you’re that tired, maybe another time would be better!’ And that probably would have been ‘IT’!
It was not only a dumb mistake, but incredibly naive for the station not to do a simple background check.
They have even MORE of a duty to to check this guy out, if he is the one initiating the contest, particularly if no one there
even knew him, or would vouch for his integrity as ‘a great guy’.
******
Criminal Sexual Abuse 720 ILCS 5/12-15
(a) The accused commits criminal sexual abuse if he or she:
(1) commits an act of sexual conduct by the use of force or threat of force; or
(2) commits an act of sexual conduct and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent.
******
This is not the best case for jumping on the soapbox, Jill, I’m sorry to say.
I hope this woman recovers and that all women become pro-active and learn to how to be a little smarter, more discerning,
and protect themselves much better.
.
http://abajournal.com/news/woman_wins_date_then_sues_radio_station/
Add this link to my comment above…
FFLEO and all – Jill has no authority here.
She is certainly not a lawyer, has no legal training .that I am aware of, mor have been able to ascertain over several months. She is ignorant on many subjects minus most ‘established’ religions, yet claims to be an ardent athiest, herself – go figure.
AND she LOVES alien stories – especially in Texas – whew!
My analysis – ‘Whacko’ from West Virginia…
‘We’ were commenting on the criminal case and on the facts presented here in the articles – I thought.
He was convicted of ‘criminal sexual abuse’ not ‘rape’. He admitted to ‘fondling’ and probably had to plead it out given his record.
And FFLEO’s morally culpable question goes to the plaintiff’s decision to agree to have dinner at defendant’s home, which also turned out to be nothing more than a frozen pizza, instead of dinner at the House of Blues previously agreed to and arranged BY the radio station.
If that had been me, I would have said ‘If you’re that tired, maybe another time would be better! And that probably would have been it.
It was not only a dumb mistake, but incredibly naive for the station not to do a simple background check. They have even MORE of a duty to to check this guy out, if he is the one initiating the contest particularly if no one there even knew him or would vouch for his integrity as ‘a great guy’.
******
Criminal Sexual Abuse 720 ILCS 5/12-15
(a) The accused commits criminal sexual abuse if he or she:
(1) commits an act of sexual conduct by the use of force or threat of force; or
(2) commits an act of sexual conduct and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent.
******
This is not the best case for jumping on the soapbox, I’m sorry to say.
I hope this woman recovers, and all women, become pro-active and learn to how to be a little smarter, more discerning, and protect themselves much better.
From the BBC,
“UN urges end to abuses of women
A 10year old girl who was raped waits for medical treatment in Goma, DRC (24/11/2008)
The UN says one in five women will be subject to actual or attempted rape
The United Nations secretary general has said the world must do more to combat the abuse of women and girls.
Ban Ki-moon spoke as organisations around the world marked the UN’s International Day for the Elimination of Violence Against Women.
The UN says at least one in three women will be beaten, coerced into sex or otherwise abused in her lifetime.
It has called on leaders and people around the world to address what it said was a “global pandemic” of abuse.
Women between the ages of 15 and 44 are at greater risk from rape and domestic violence than from cancer, traffic accidents, war and malaria, says the UN.
It says violence against women has been reported in every international or non-international warzone and that half of all women murdered are killed by their current or former partner.
Violence against women is never acceptable
Ban Ki-moon
UN Secretary General
Mr Ban said such violations “undermine the development, peace and security of entire societies”.
“We need to do more to enforce laws and counter impunity,” said Mr Ban, who has his own campaign, UNiTE, to address the issue.
“We need to combat attitudes and behaviours that condone, tolerate, excuse or ignore violence committed against women.”
Actually most women are abused by people they know ie; husbands, long term boyfriends. Being pregnant increses the risk of being abused by 25%. So, if we are blaming women for the abuse they suffer we must say that the most culpable women are those who get married and further, become pregnant.