Does She Have a Sexual Assault Case Against Me
My question involves criminal law for the state of: California
Long story short, I have no criminal record. I am a male college student in California who got in a bit of trouble recently. Some girls wanted to "hang out" with me along with some of my male friends. After copious amounts of alcohol on behalf of everyone, I am told by the others at the gathering (told because I dont remember this at all!) that I popped a feel of one of the girl's breasts over her clothes. She then promptly left the party.
Now she is saying she is going to file sexual battery and assault charges against me to the full extent of the law. She is adament about doing this and I really dont know what to do. My record is 100% clean as of now, not even a traffic violation to speak of, but she is really out to get me. Sexual assault charges will ruin my life. Please help. Thank you
Re: Does She Have a Sexual Assault Case Against Me
Yes, she can certainly make a report. It doesn't help your defense that you admittedly had been drinking, and can't accurately say what may or may not have happened. If she makes that report, you'll want to retain an attorney BEFORE you respond to any police request for an interview.
Re: Does She Have a Sexual Assault Case Against Me
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aardvarc
Yes, she can certainly make a report. It doesn't help your defense that you admittedly had been drinking, and can't accurately say what may or may not have happened. If she makes that report, you'll want to retain an attorney BEFORE you respond to any police request for an interview.
Thank you for your reply. To be clear, the girl plaintiff was drinking too along with everyone else. And there were witnesses. If two of the people at the gathering said the event never happened and two people said it did, would the DA bring charges against me? I know its the 21st century and it isn't right to touch people innapropriately but the girl was flirting with me before the event in question occured also. There is no evidence the gropping even occured and it just doesn't seem fair for the girl to have so much power in this situation when it is a case of my word versus hers. What makes matters worse is that the girl came into my job the other day and told my boss what happened and now my boss things less of me. Finally, will the charges likely be a felony or misdemeanor? Thank you
Re: Does She Have a Sexual Assault Case Against Me
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surfer7
Thank you for your reply. To be clear, the girl plaintiff was drinking too along with everyone else. And there were witnesses.
Then everyone's version will be suspect. Hers. Yours. And the witnesses.
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If two of the people at the gathering said the event never happened and two people said it did, would the DA bring charges against me?
Only the DA can answer that, bit conflicting stories don't make for easy cases - unless one set of witnesses is more credible than the other.
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I know its the 21st century and it isn't right to touch people innapropriately
Then don't DO it. If you can't control doing it when you drink, then don't drink. it's really THAT simple.
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but the girl was flirting with me before the event in question occured also.
Completely irrelevent - and that'll sound to the DA (and a jury) like an excuse for something you DID.
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There is no evidence the gropping even occured
There often isn't in such cases. Which is why most such cases boil down to credibility and witnesses.
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and it just doesn't seem fair for the girl to have so much power in this situation when it is a case of my word versus hers.
The only "power" she has is to file a police report. Anyone can file a police report, about just about anything. That doesn't automatically mean anything ELSE happens afterwards.
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What makes matters worse is that the girl came into my job the other day and told my boss what happened and now my boss things less of me.
If you don't want people talking about your actions when you've been drinking....see above.
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Finally, will the charges likely be a felony or misdemeanor? Thank you
In all likelihood, misdemeanor - IF any charges follow (which I wouldn't be betting on in a he said/she said case where BOTH sides had been drinking and with conflicting witnesses).