A Law of Her Own: The Reasonable Woman as a Measure of Man

Contents

Contents Foreword by Barbara Y. Welke xiii Acknowledgments xv Introduction xvii A Note on Sources and Citation xxii I The Idea and the Reality 1 Locked In and Locked Out 3 The Legal Status of Women 4 The Reasonable Person and the Status Quo 5 2 The Meaning of Equality 8 Difference as a Double Bind 9 The Sources of Difference 12 Equality on Women’s Terms 14 The Reasonable Woman Applied 17 II Sexual Harassment in the Workplace 3 Men, Women, and Sex at Work 23 The Evolution of Hostile Environment Sexual Harassment 25 Why Courts Should Adopt the Reasonable Woman Standard 28 4 How and Why Different Perspectives Matter in Hostile Environment Sexual Harassment Cases 34 Why It Matters 34 Love It or Leave It: Rabidue v. Osceola Refining Co. 35 The Majority’s Story 36 The Dissent’s Story 39 Don’t Try to Change Things: Robinson v. Jacksonville Shipyards, Inc. 42 ix The Trial Judge’s Story 44 The Plaintiff’s Experts 48 The Defendant’s Experts 50 Can’t You Take A Joke? Harris v. Forklift Systems, Inc. 55 The Harris Facts 56 Charles Hardy’s Story 59 The Magistrate’s Story 61 The Supreme Court Opinions 66 5 Gender, Race, Sexual Orientation, and the Reasonable Woman 70 Female-on-Male Sexual Harassment 71 Male-on-Male “Macho” Sexual Harassment 73 Gay Men and Lesbians and Sexual Harassment 78 The Reasonable Woman and Essentialism 83 Questions and Complexities 93 6 The Reasonable Woman after Harris v. Forklift Systems 97 Once a Model, Always a Model: Dellert v. Total Vision, Inc. 98 Smoke Gets in Your Eyes: Baskerville v. Culligan International Company 103 “My Girl”: Eckroth v. Rockford Products Co. 109 Whoever Heard of a Woman Truck Driver? Munday v. Waste Mgmt. of North America 111 Making a Difference 119 III Stalking 7 Stalking and the Gendered Meaning of Reasonable Fear 123 Stalking Law 130 Stalking Remedies 130 Reasonable Fear—A Woman’s Perspective 133 Incorporating Women’s Perspectives 135 8 The Continuum of Stalking, Sexual Harassment, and Domestic Homicide 138 Stalking and Sexual Harassment 138 The Love-Struck Stalker: Ellison v. Brady 139 No Such Thing as an Unlisted Number: Fuller v. City of Oakland 144 x | Contents Stalking and Domestic Homicide 148 “Sorry, Lady” 149 Sometimes the Stalker Loses Too 151 IV Domestic Homicide 9 Slips in a Dangerous Game 157 The Spectrum of Domestic Violence 157 Why People Kill Their Intimates 161 The Law of Domestic Homicide 163 Domestic Homicide and the Reasonable Woman 167 10 “Provoked” Intimate Homicide 170 The Law of “Crimes of Passion” 172 The Reasonable Woman and Passion/ Provocation Homicide 175 The Cases 178 “There Are Murders and There Are Murders” 180 A False Parity: The “Domestic Dispute” 183 Blinders on Justice: People v. Berry 185 Stalking Shows His Distress, Lessening the Crime: Farinas v. State 189 Prepared for Deadly Rage: Moye v. State 192 A Real Crime of Passion: “Rough Sex” 193 On the Importance of Words 195 11 When Battered Women Kill 197 The Law of Self-Defense 200 When Battered Women Assert Self-Defense 203 Damned If She Does: Commonwealth v. Stonehouse 207 Sometimes They Get It (Almost) Right 214 The Reasonable Woman and Self-Defense 216 V Rape 12 Rape and the Use and Misuse of the Reasonable Woman 221 The Law of Rape 226 Women, Sex, and the Male Gaze 227 Unrapeable Women 229 How Can You Rape Your Own Wife? 232 “She Asked for It” 234 Contents | xi How Many Prostitutes Must He Rape before a Man Is a Rapist? 235 Getting It Right 237 What Would a Reasonable Woman Do? 239 Postscript 241 References 243 Books, Journals, Articles, Briefs, and Reports 243 Cases 252 Statutes 254 Index 255 About the Authors 261 xii | Contents ...