{"id":3080,"date":"2020-08-14T17:46:57","date_gmt":"2020-08-14T22:46:57","guid":{"rendered":"http:\/\/askcarterlaw.com\/?p=3080"},"modified":"2020-08-14T18:16:12","modified_gmt":"2020-08-14T23:16:12","slug":"delusional-defense-cuba-gooding-jr-s-lawyer-attempts-to-argue-that-women-with-small-breasts-tend-to-be-delusional","status":"publish","type":"post","link":"https:\/\/askcarterlaw.com\/home\/delusional-defense-cuba-gooding-jr-s-lawyer-attempts-to-argue-that-women-with-small-breasts-tend-to-be-delusional\/","title":{"rendered":"DELUSIONAL DEFENSE: Cuba Gooding Jr.\u2019s lawyer argues women with small breasts tend to be delusional"},"content":{"rendered":"<p>He tried it\u2026<\/p>\n<p>A judge ruled that Cuba Gooding Jr.\u2019s lawyers cannot use a woman\u2019s feelings about her breast size to discredit her mental state in a sexual assault suit against him. Cuba\u2019s lawyers argued that this line of questioning was intended to prove the accuser\u2019s self-esteem issues which in turn, impact her perception of events.<\/p>\n<p>On Thursday, Cuba and his legal team appeared for a preliminary hearing for a trial determining his culpability in a Manhattan incident involving his alleged groping of a 30-year-old woman&#8217;s breast at Moxy Hotel in Times Square.\u00a0In October, he pled not guilty to 6 misdemeanor sexual abuse charges brought forth by 3 women.<\/p>\n<p><iframe loading=\"lazy\" width=\"688\" height=\"387\" src=\"https:\/\/www.youtube.com\/embed\/QVyh3cnybKM?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture\" allowfullscreen><\/iframe><\/p>\n<p>The proceeding was meant to clarify issues including what was permissible to ask the witness at trial. His attorney, Peter Toumbekis had a back and forth with judge Curtis Farber over the admissibility of certain questions. Toumbekis confirmed that he intended to ask a witness what she felt about her breast size and her preference for threesomes to which assistant district attorney, Jenna Long responded: \u201cThat is simply offensive.\u201d Long insisted that the questions were barred by the rape shield law, which constricts an attorney&#8217;s ability to cross-examine a rape victim concerning their past sexual behavior.<\/p>\n<p>Toumbekis attempted to \u201cspell out\u201d its relevance by making a tenuous connection between the question and a blog post where the witness admitted being self-conscious about her breast size. He claimed that this was intended to demonstrate that she \u201csometimes misconstrues what other people are saying to her because of her own self-esteem issues.\u201d Even though Toumbekis insisted that the logic behind it was as simple as \u201c\u2026one plus two equals three,\u201d the judge did not agree that it was a \u201cfair\u201d line of questioning.<\/p>\n<p>At the hearing, Long revealed that 8 more women accused Cuba of sexual misconduct, bringing the total count to 30 women who have come forward. Such conduct ranges from nonconsensual kissing to aggressive touching, including an October 2018 butt pinching incident at Tao and a June 2019 thigh\/breast groping incident at Magic Hour rooftop in NYC.<\/p>\n<p><a href=\"http:\/\/askcarterlaw.com\/wp-content\/uploads\/2020\/08\/Cuba-BLM.jpg\"><img decoding=\"async\" loading=\"lazy\" class=\" wp-image-3082 aligncenter\" src=\"http:\/\/askcarterlaw.com\/wp-content\/uploads\/2020\/08\/Cuba-BLM-240x300.jpg\" alt=\"\" width=\"299\" height=\"374\" srcset=\"https:\/\/askcarterlaw.com\/wp-content\/uploads\/2020\/08\/Cuba-BLM-240x300.jpg 240w, https:\/\/askcarterlaw.com\/wp-content\/uploads\/2020\/08\/Cuba-BLM-768x960.jpg 768w, https:\/\/askcarterlaw.com\/wp-content\/uploads\/2020\/08\/Cuba-BLM-819x1024.jpg 819w, https:\/\/askcarterlaw.com\/wp-content\/uploads\/2020\/08\/Cuba-BLM.jpg 1470w\" sizes=\"(max-width: 299px) 100vw, 299px\" \/><\/a><\/p>\n<p>Judge Farber left open the possibility for Cuba\u2019s legal team to bring forth other arguments in the future for why such questioning should be permitted. Outside the courtroom, Cuba did not answer the media\u2019s questions as to what he thought about his legal team\u2019s defense strategy. He did however make clear his support of the \u201cBlack Lives Matter\u201d movement by giving a thumbs up to reporters and flashing lettering on the inside of his mask that read \u201cBlack Lives Matter.\u201d<\/p>\n<p>We will see how creative Cuba\u2019s legal team can be in the future to convince the judge that body issues correlate to a woman\u2019s misperception of sexually inappropriate conduct.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>He tried it\u2026 A judge ruled that Cuba Gooding Jr.\u2019s lawyers cannot use a woman\u2019s feelings about her breast size&hellip;<\/p>\n","protected":false},"author":14,"featured_media":3081,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[130,131,80],"tags":[1013,616,557,464,1015,462,283,1012,1014,1011,84],"_links":{"self":[{"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/posts\/3080"}],"collection":[{"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/users\/14"}],"replies":[{"embeddable":true,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/comments?post=3080"}],"version-history":[{"count":7,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/posts\/3080\/revisions"}],"predecessor-version":[{"id":3089,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/posts\/3080\/revisions\/3089"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/media\/3081"}],"wp:attachment":[{"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/media?parent=3080"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/categories?post=3080"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/askcarterlaw.com\/home\/wp-json\/wp\/v2\/tags?post=3080"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}