Legal Question in Criminal Law in California
Last night I was sexually assaulted by a woman in a club. I was dancing with two friends and out of nowhere this woman (who was a complete stranger) grabbed me, pinned me down on a couch, sat on top of me and began to rub her breasts in my face while holding me down. One of her friends then got on top of her and both pinned me down while she proceeded to pull my shirt down and try to expose my breasts. My friends witnessed this and managed to pull the women off of me and free me from the couch. I told the woman that she has clearly disrespected me and that it was not acceptable. She did not respond. Shortly after I returned to my table, quite stunned, I saw the same woman walk past my table. I confronted her and told her that she had sexually assaulted me and I wanted to see her ID and learn her name in case I decided to report the incident. She then pushed me, which finally caught the bouncers attention. I explained the situation to security and was told that the woman's friends claimed that I smacked her. My friends and I denied this false accusation, but were asked to leave the establishment. Since the club was about to close and my friends were about to leave anyway, we respectfully obliged. Upon leaving, I spoke to at least one more security person, as well as the owner and explained what had happened. The owner gave me his card and offered to give us a bottle of champagne upon our return. I again told the security employee what led to the woman pushing me and once again asked to get the woman's name in order to report her. My friends urged me to leave, which we did without her information. I see now that I clearly should have called the police and truly regret not doing so, as I was assaulted twice. However, I didn't but would like to know what I can do at this point. Can I take action against the club? Please help me learn about what options I have in this matter.
2 Answers from Attorneys
I'm sorry to hear about your ordeal. I'm not sure, however, what sort of claim you could make against the club.
It does not appear that the club caused the assault. Nothing in your post suggests that the club did anything that even contributed to the assault, though with more facts I might feel differently.
The actions of which you complain happened after the assault had been completed. They may have prevented you from identifying your assailant and thus from making a police report, but I don't believe you were entitled to the club's cooperation.
When your group and the other woman's group gave the club conflicting stories, the club was not required to believe your account and disbelieve theirs. Even if it did believe you, as a private business it still had the right to insist that you leave even while it let the other group stay. I think it made some very poor decisions, but I don't think those decisions violated your rights or broke any laws.
You still can make a police report. It's possible that the police will be able to gather enough information to identify the other woman, especially if the club had surveillance cameras. But I'm afraid that's likely to be the best you can do.
I'm sorry I can't be more encouraging.
And the reason you would take action against the club would be? That they have a lot of money?
You haven't posted enough facts to make the determination that the club would be liable for a patron. They certainly aren't criminally liable based on what you have provided.
If you are looking for a monetary recovery, I suggest reposting in tort law, where one of the many tort lawyers will jump at the chance to answer your question and perhaps solicit you.
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