Carlsbad, CA asked in Criminal Law for California

Q: I recorded a probationer who sexually harassed a girl threatening to beat me next time he saw me. Admitted to it all.

I'm basically just looking to see what's illegal and if there's any action to take. So, basically, my girlfriends cousin slapped her on the ass at work yesterday and when she told him not to do it again he replied, I can do whatever I want. My girlfriends told her aunt (who owns the place) about it and she did nothing and just told Zack to apologize and theyre still working together. I confronted him about it and he called me (and I recorded it) threatening, next time I see you, youre fucked. That isnt a threat, its a promise. And then I clarified by saying, next time you see me youre going to fuck me up?and he said yes. He also admitted all of the sexual harassment, which he has been lying about to his coworkers (he told them he apologized on the spot). He also admitted he would never have apologized. He lives in St. George, Utah while I live in San Diego, California. Oh, and hes also on probation for assaulting his dad and he told coworkers that hed punch me like he punched him.

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1 Lawyer Answer
Joseph D. Bussone
Joseph D. Bussone
  • Criminal Law Lawyer
  • Cambria, CA
  • Licensed in California

A: Aside from the actionable sexual harassment, sounds like maybe he made a criminal threat against you, which is a crime in California. However, your recording of him over the telephone without his permission probably also is a crime in California. Not only is your tape recording inadmissible against him, it also exposes you to criminal and civil liability. Anyway, good luck with all that.

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