39 Trial Lawyer • Summer 2022 goal. Meredith Holley helps employees stop sexual harassment and toxic work environments without losing their jobs. She founded Eris Conflict Resolution, 207 E 5th Avenue, Ste. 254, Eugene, OR 97401. She can be reached at meredith@erisresolution.com or 458-221-2671. 1 https://www.nytimes.com/1998/03/22/opinion/ feminists-and-the-clinton-question.html 2 For more about the allegations against Clinton, check out “Impeachment: American Crime Story, 2021,” FX Networks. 3 It looks like this phrase first appeared in a countering op ed by Debra J. Saunders, “Clinton’s Contribution: One Free Grope,” in SFGATE, March 24, 1998, https://www.sfgate.com/ opinion/saunders/article/Clinton-s-ContributionOne-Free-Grope-3319063.php 4 https://abcnews.go.com/Entertainment/matt-damon-opens-harvey-weinstein-sexual-harassmentconfidentiality/story?id=51792548 5 https://scholarship.law.nd.edu/cgi/viewcontent. cgi?article=3961&context=ndlr, https://ir.lawnet. fordham.edu/cgi/viewcontent. cgi?article=1873&context=flr 6 Cole v. Turner, 90 Eng. Rep. 958 (1704), https:// scholarship.law.nd.edu/cgi/viewcontent. cgi?article=3961&context=ndlr at 1-2. 7 Bartell v. State, 106 Wis. 342 (1900). See also De May v. Roberts, 46 Mich. 160 (1981) (man who was unqualified to practice medicine convicted of assault for assisting in a birth without permission). 8 But see, https://www.mic.com/articles/162270/48states-have-clear-laws-against-groping-while2-states-barely-have-any-at-all and https://revealnews.org/article/in-2-states-sexual-assault-lawslag-far-behind-the-mainstream/ (arguing that it’s hard to tell whether groping is criminal in Idaho and Mississippi). Merriam-Webster’s defines “grope” as “to feel about blindly or uncertainly in search” or “feel up.” ORS 163.415 makes it unlawful to “subject another person to sexual contact” if “the victim does not consent to the sexual contact.” ORS 163.305 defines “sexual contact” as including “touching of the sexual or intimate body parts of a person.” See also State v. Buller, 31 Or App 889 (1977) (holding it a question of fact for the jury whether touching a victim’s buttocks over clothing was touching of an intimate body part). 9 Because the sexual harassment standard sets the standard for harassment law as to other protected classes, this also contributes to a misconception that people with marginalized identities are sensitive, rather than effectively discouraging harassing behavior.
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