Legal Question in Sexual Harassment in California

My question might seem strange and maybe bad on my part, however I'll explain what happened. I went to my local bar which I've been going to for years now. As the night went on I got drunk and did some shots with the bartender. I had thought we were on the level of friendship where I could horse play with her since I had been her customer for almost a year and we always hugged and made physical contact. Long story short, I grabbed her butt, she flipped out and whipped me in the eye with a dish towel which actually scratched the cornea of the eye and gave me a black eye. Now thats ok, I messed up and its my fault for thinking we were friends like that. I then go into the bar the next day and talk to the owner of the bar and try to let him know my side of the story even though I know its on camera and he immediately assumed I was going to sue him for what happened. I kept trying to tell him no but I dont think he believed me and started telling me that if I sued him, that he could sue me in return for sexually harassing his bartender. BTW the whole thing was caught on camera. I even knew that when it happened but he wanted to point it out to me. However if you look at the camera footage its me grabbing her butt and her turning around and whipping me in the face.

My main question is, since Im the customer that got attacked, IF (and I do mean if) I sued them for damages for my eye, could they actually sue me in return for sexual harassment?

Also just to add in a quick PS about my talk with the owner, as the night went on, he got more drunk and bent a woman who was his friend over, had me walk over and showed me how to "properly" smack her on the rear. I turned to the camera and just sorta looked at it. This is all new to me so Im just wondering if that by itself is or isnt being discriminant towards me? Sorry for the long strange question but that is southern california for you.


Asked on 8/26/10, 6:14 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

You grabbed her behind. She reacted. It was an unwanted touching of a private area and she defended herself. Not only would you lose your lawsuit, thank you blessings she did not call the cops. You would have been arrested for sexual assault. What you thought or intended is irrelevant.

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Answered on 8/31/10, 11:06 am


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