Legal Question in Criminal Law in California

Being instigated for sex

My friend met a woman at the gas station and they began to talk. She was sitting in her car while her was leaning up against it. They exchanged a few words and phone numbers and she touched him first by grabbing on to his jaw. He touched her breast, she said how good it felt and he kissed her on the neck. She grabbed his jaw harder and pulled him in to kiss him. He then put his hand on her leg (inner) and how she jerked, he tore her leggings. She phoned the police and he is going in for questioning. There were no wittnesses and I assume that she will try to press charges for sexual harassment. My questions are what exactly is classified as sexual harassment, did she instigate it, what can happen to my friend and what should he do next??

Thank you for your time, and please respond by via email as soon as possible, and apoligies for the longer version.


Asked on 11/21/00, 11:22 pm

3 Answers from Attorneys
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: Being instigated for sex

Hello, your friend is in an extremely serious situation. He is likely facing a sexual assult charge. He should not speak to the police without having legal counsel present. This is a situatioin where each of the persons involved is likely to have different versions of the events that took place. In order for your friend to protect himself from a charge that if convicted could land him some prison time he must have an experianced attorney. Our firm has over 50 years of experience in criminal matters. Each of partners is a former District Attorney. Call us for a free consultation.

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Answered on 11/29/00, 12:04 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: Being instigated for sex

Your friend should DEFINITELY not talk to the police without first talking to a criminal lawyer. There are many reasons why he might not want to talk to the police at all. This is very common in police work. They get the suspect to come in and talk to them, he does, then they file the case against him and they already have his statement, all without the benefit of counsel. If this is in Southern California, have him call me for a free consultation. My telephone number is 310 393 0639.

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Answered on 11/29/00, 5:40 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Being instigated for sex

From the facts you describe it seems your friend is being investigated for possible sexual battery. I recommend that your friend have an attorney with him during questioning. He does not have to cooperate or answer any questions at all if he does not want to. It is a her word against his word type of case!!

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Answered on 11/29/00, 5:34 am


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