Legal Question in Criminal Law in California

This year June, my fiance went to her tutor's house, and he raped her. She is 5 ft 1 and he is about 6 ft.

She did not wanted to go to the police because she afraid that this is a he-say she say situation and it has been so long.

She does not want to go through the embarrassment of telling other people what happened if at the end he is not convicted.

We live in California, and we wonder if we can confront him in person and record the conversation.

Reading the material online, I understand that recording conversation is illegal if the other party has expectation of privacy in a all-party state (california).

My question is, if the conversation take place in a public location such as in front of his house, can I record the conversation legally and use it as evidence?

Or if the conversation is hear by a third person, can this person become a witness in the future.


Asked on 11/22/11, 4:09 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Just call the police. Leave the James Bond stuff to the detectives. Especially don't do surreptitious recording of anyone.

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Answered on 11/22/11, 4:43 pm
David M. Wallin Law Offices OF David M. Wallin

Toatally agree with previous attorney. Go to the local law enforcement and they will set up a "Pretext Phone Call" where she will call the assailant and she will be at the sheriff's department. The phone call will be taped and law enforcement will instruct her on what to say to try to ellicit a confession out of him. Do it the right way.....I am sorry she went through this terrible incident........... David Wallin

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Answered on 11/22/11, 5:24 pm


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