Saturday, November 26, 2011

"Attractive Nuisance"

My friend the cynic came into town the other day. He proceeded to rant:

"Do you see that woman the other day on TV, the one who charged a guy with sexual harassment? I think she was represented by Gloria Allred? The complainant was wearing a blouse that showed cleavage down to her naval? Sexual harassment?! The first thing I would do if I was the guy's defense lawyer is ask if she was wearing that blouse when he harassed her? If so, she should be charged with "attractive nuisance" and he should sue her. What do you mean 'what do I mean' by attractive nuisance? It's a theory that I remember from business law. Suppose you're digging a hole in your garden to build a little pool. And you leave it open overnight without any fence around or boards covering it. And a little boy walks by your yard, sees the open hole and comes on your property and plays in the open, dug-out hole...and injures himself. Well, you, the owner of the property is liable...even though the boy trespassed on your property. The law considers an open, unprotected hole on some one's property an attractive nuisance to children. That's the argument I would use in defense of men who are charged with harassing women with plunging necklines: uncovered cleavage are attractive nuisances. They are open holes. They (the women) are liable. It is an irresistible attraction. Especially to men, whose sexual natures, as we all know, are akin to a little boy's needs and desires to play and roll in the dirt. I rest my case."


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