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  1. #1
    Join Date
    Aug 2010
    Posts
    1

    Default False Harassment Charge

    My question involves criminal law for the state of: Illinois

    OK, here is the issue.
    In June 2009 I spent two days on the cardiology floor of a hospital. The staff were all really great. One nurse really stood out. She may have prevented me from having a heart attack. And when it came time to leave she gave me some good advice which may have saved me from having to pay $9,000 out of my pocket. So she was a really fine person.

    I was so impressed with her that when I got home I wrote her a thank you letter, and sent a copy to the Hospital President. In February 2010, I sent her a birthday card. In April, I sent her a congratulatory E-mail when she celebrated a major life event. In June I sent her and her husband an E-mail asking how everything in their life was going, and wished them a good summer.

    So far everything sounds great. Then along comes yesterday. I got a telephone call from the police department in the city where this nurse lives. She complained that my “excessive contacts” rose to the level of harassment and stalking. She asked that I have no further contact with her. I almost dropped on the floor. 4 contacts (one letter, one birthday card, and two E-mails) in 14 months is excessive contacts? Not to mention that all 4 of them were very nice.

    I was tempted to tell the police officer that I would be happy to print out the letter and the two E-mails and bring them to the police station to decide for himself if I had stepped out of line. But I decided against this. If somebody wants me to pretend like they don’t exist I’m OK with that. So I promised the police officer that I would have no further contact with the lady or any of her family members. And I intend to keep that promise. I’ve been a law abiding citizen for 60 years, and I don’t plan on changing that now.

    Here are my questions. Would I be violating my “no contact” promise if I sent a letter to the Hospital President, who I’ve gotten to know fairly well, telling him about this incident? Not sure what he can do since this was something that his employee did on her own time. More to the point, would I be violating my “no contact” promise if I were to “end run” that promise by causing a contact through the hospital president, who is her boss?

    Also what steps can I take to protect myself from having this bogus charge on my police record?

    Thanks!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: False Harassment Charge

    More to the point, would I be violating my “no contact” promise if I were to “end run” that promise by causing a contact through the hospital president, who is her boss?
    Yes, you would be. You have absolutely no reason to be bringing her employer into this.

    You might think otherwise, but I would have felt creeped out and harassed if a person I had only had professional contact with was suddenly sending me letters unsolicited. It would set off loud warning bells, and yes, I would have gone to the police, too.

    A nice thank you letter is lovely. More than that is creepy. Don't do that. It doesn't matter that you think what you did is "nice". It made her uncomfortable enough to get law enforcement involved - and it's HER feelings that matter at that point, not yours.

    Also what steps can I take to protect myself from having this bogus charge on my police record?
    You don't have a police record yet, you've only had a nice phone call from the LEO's telling you to cease contact and you've not been charged with anything. If you contact her or complain to her boss, however, I guarantee you will be charged with harassment at the very least, and stalking at the worst.

    Drop it. Leave her alone and leave her employer out of it.

  3. #3
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: False Harassment Charge

    You technically would not be violating the letter of "no contact" but the spirit..yes. Because the Hospital President is going to talk to her about it. It could also have an adverse effect on her employment...that will get you into serious trouble. Yes, an end run as you describe would be a violation.

    Have you formally been charged or was it a "shape up or you will be charged" call by the police? If you haven't been formally charged, let it go.

    Your behavior may not rise to the level of stalking but it is definitely harrasment if she never consented to the contacts after your hospital stay. Did she ever indicate that she wanted to have further communication from you? Did you send the letters to her care of the hospital or did you find out where she lived and sent them directly to her home? How did you obtain her email? How did you find out about the major life event? The thank you letter, sent to her at the hospital, should have been the end of your contacts with her unless she did something to make you think she wanted them to continue. Not saying she didn't is not the same as saying she did, although it might help your case if you ever are charged and go to court.

    4 contacts in 14 months, if unsolicited and unwanted, is excessive.

    The steps you take to keep the charge off your record is to let it go. If you don't, you're in for a world of trouble. I understand that your generation did things differently and this type of things wasn't uncommon or problematic in those days but times and people have changed.

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