Navigating the Complexities of Sexual Harassment & Assault Litigation in Hollywood

What You Need to Know

At the Law Office of Scott Herndon, we recognize that deciding to pursue legal action after experiencing sexual harassment or assault in Hollywood and the entertainment industry as a whole is a significant and deeply personal decision. The entertainment industry is riddled with power dynamics which contribute to a sometimes toxic ecosystem where abuse can thrive and reporting it can feel career-ending and impossible.

Our goal in this article is to provide you with basic knowledge and support necessary to confidently navigate this challenging landscape. With years of experience teaching at Stanford University, New York University, and the University of California, and having successfully represented high-profile sexual assault cases in Hollywood, Silicon Valley, and Napa, the Law Office of Scott Herndon continually engages with the latest research to understand juror perceptions and identify the factors that significantly influence case outcomes.

This article provides a review of critical considerations drawn from recent studies, exploring juror decision-making biases, the impact of delayed reporting in the #MeToo era, and the broader ecological factors influencing the healing process. We hope this information is helpful. Importantly, this information is intended for educational purposes only and should not be construed as legal advice. You should consult with a qualified attorney to discuss the specific facts of your case.

Deciphering Juror Mindsets: Insights from McIntosh & Davis on “Casting Couch” Cases

If your case proceeds to trial, a jury’s analysis of events is the bedrock of your case. A 2020 study by McIntosh and Davis in the Journal of Interpersonal Violence provides important insights into juror biases within “casting couch” scenarios. Our law firm’s goal is to acknowledge these potential biases head on, and proactively counter them.

What is the Casting Couch Scenario?

As described by McIntosh and Davis, the “casting couch scenario” is when “a powerful figure obtains sometimes nonconsensual sexual acts from subordinate actors in exchange for employment.” Under these lights, the casting couch dynamic occurs across many power imbalances in our culture, and is not limited to Hollywood. Instead, it is endemic to businesses at their highest levels, and can show up whenever there is a perceived ‘oversupply’ of talent for a limited number of positions. The powerful can use these limited opportunities as a means to take advantage of the personal boundaries of anyone who wishes entry into the rarified space of technology startups, closely held corporations, and entertainment productions of all stripes.

How does the “Victim-Blaming” Narrative Toxify Juries?

McIntosh and Davis’s research reveals the danger of jurors to engage in victim-blaming, subtly or overtly questioning why a survivor willingly entered a situation with a clear power imbalance. Jurors might incorrectly assume that a victim’s prior awareness of the power dynamic implies acceptance of the risks. If left uncountered by counsel, this problematic assumption can have serious effects on verdicts.

As such, it is vital to understand that jurors might question a victim’s choices. Any survivor must be prepared to articulate the specific pressures they face – the dream of a role or a coveted internship, the fear of being blacklisted, the promises and sometimes implied threats made by the power broker. Too often, healthy ambition and a desire to succeed are exploited. Details always matter.

McIntosh and Davis also describe how jurors’ pre-existing beliefs regarding “quid pro quo” arrangements within the entertainment industry can impact their perceptions of consent and coercion. If jurors perceive such arrangements as commonplace, even expected, they might downplay the coercive elements. Counteracting this perception is the role of the effective lawyer, who must proactively challenge the narrative that “this is just how things are done.” Articulate the emotional and psychological manipulation involved. At the Law Office of Scott Herndon, we understand the importance of describing how what might appear to be a voluntary choice was, in reality, a coerced submission driven by fear and limited options.

Navigating Delayed Reporting in the #MeToo Era: Understanding Juror Perceptions (Fraser & Pica, 2022)

While the #MeToo movement has increased awareness and encouraged more survivors of sexual assault and sexual harassment to come forward, cases involving “delayed reporting” still face major hurdles. Jurors often scrutinize the reasons behind the delay in reporting illegal sexual behavior, potentially impacting their assessment of credibility. Fraser and Pica’s 2022 article in the Journal of Interpersonal Violence casts important light on these dynamics.

Juries Often Ask “Why Now?”

Jurors frequently question why a survivor waited to report the incident. A clear, compelling explanation for the delay is crucial. At the Law Office of Scott Herndon, we take time to reflect on our clients’ reasons for delaying. Was there fear retaliation? Worries about the impact on one’s career? Was there shame or self-blame?

Articulating these reasons clearly and honestly is the foundation of any case, and crucial to humanizing our client before any jury.

Juries Use Their Own Understanding of Trauma and Fear

Fraser and Pica remind us that jurors are more likely to accept delays that align with common understandings of trauma and fear. A sophisticated law firm must be able to connect the reasons for delay with the jury’s recognized (but sometimes inaccurate) patterns of trauma response. In particular, we must explain how the perpetrator’s power and influence created a climate which gave cause for the delay in reporting, making it difficult for our clients to come forward.

The Political Realities of #MeToo

While the #MeToo movement has raised awareness of the pervasiveness of sexual assault and harassment, it hasn’t eliminated pre-existing biases. Some jurors may still be skeptical of delayed reports. We cannot assume jurors automatically understand a survivor’s experience. We must be prepared to educate juries, corporate boards, and opposing counsel about the complexities of trauma and the reasons why survivors often delay reporting.

The Law Office of Scott Herndon: Your Advocate in a Complex Landscape

We are committed to providing you with compassionate and strategic legal representation. We understand the unique challenges of litigating sexual harassment and assault cases in Hollywood and Silicon Valley, and we’re committed to fighting for your rights. With years of teaching, research, and mentorship at some of America’s top universities, and years of representing high-profile sexual assault and sexual harassment cases, we are proud of protecting the dignity of our clients, one life at a time.

Contact us today for a free and confidential consultation. Let us help you understand your legal options and take the first step toward reclaiming your voice.