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.

Related Topics:
1 Lawyer Answer
Joseph D. Bussone
Joseph D. Bussone
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.