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Hinkson v. Stevens, 2020 VT 69
By Jacob Oblak
Legal theory and jargon aside, it’s worth remembering that legal issues don’t just grow on trees or appear in your garden or get thought up by random law professors just for fun. Real cases start with a story. Real people have memories and stories that inevitably differ from other people’s memories and stories. That’s why courts exist, to resolve such differences in the legal realm. So, here we go.
Plaintiff, Ms. Hinkson, had a husband who is referred to as C.D. Defendant, Mr. Stevens, had a romantic partner who is referred to as L.S. Good luck tracking the initials.
L.S. apparently was checking out potential employment at C.D.’s employer. Then, C.D. and L.S. had a “sexual encounter” (SCOV’s description). The couples vehemently disagreed over whether this incident was consensual, with Stevens and L.S. believing it was nonconsensual and Hinkson and C.D. believing it was consensual. L.S. civilly sued C.D. and the employer for sexual harassment, and they came to a settlement agreement that included a non-disclosure agreement.
Another third party filed a similar lawsuit against C.D. and the employer alleging sexual harassment. Keep in mind this is happening at the end of 2017 into 2018, so right as the #MeToo movement was taking off. So L.S. then chose not to follow the non-disclosure agreement, and numerous news articles detailed the sexual assault allegations, including some written by L.S. and by Defendant Stevens that contained unvarnished, sharp opinions of C.D. and his alleged actions. Stevens went even further, which brings us to the relevant part of the story for purposes of this SCOV decision.
During this time, Stevens sent emails to a friend of Hinkson’s, questioning why this friend continued to associate and go on summer vacations with C.D. in light of his alleged actions. Over several months, Stevens called and immediately hung up or texted Hinkson’s cell phone 151 times from a four different number with no caller ID (masked).
Stevens mailed three shipments of books about rape culture to Hinkson. SCOV found it important to specifically name these books, so here they are: