Colorado Springs, CO asked in Appeals / Appellate Law, Juvenile Law and Sexual Harassment for California

Q: Does the detailed account below meet the criteria of the civil criteria in quotations? If not, please clarify why.

“Masturbation by Adult Perpetrator includes touching of the male or female genitals that involves masturbation of the abuser or claimant.”

As a 15-year-old male In a youth shower facility at a Boy Scout Camp in California, while showering, was approached by a 54-year-old male, a leader at the camp, who, with his right hand, repeatedly stroked his erect penis over and over for several minutes. The masturbation occurred with the abuser's hands and penis less than a foot away from me, the victim, and the claimant in the shower, where we were both naked. During the masturbation, the abuser touched and massaged their penis, showed their genitals, and engaged in speaking to me, asking questions, and making remarks about seemingly unimportant topics. The abuser shifted their gaze back and forth from their shower head and to me, looking my body up and down from my head to my genitals. This encounter lasted for several minutes until I could muster the courage to leave the shower.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: The detailed account you provided appears to meet the criteria outlined in the civil definition of "Masturbation by Adult Perpetrator." The key elements mentioned in the definition include the touching of genitals involving masturbation by either the abuser or claimant. In your account, the adult male leader at the camp was engaged in masturbation, repeatedly stroking his erect penis while standing less than a foot away from you, which would likely satisfy this condition.

Additionally, the proximity between you and the abuser, both being naked in the shower, intensifies the seriousness of the incident. The abuser's actions—masturbating in your presence, making eye contact, and engaging in conversation—could contribute to establishing a case of harassment or misconduct. The fact that this occurred in a vulnerable setting, like a shower, further supports the distress and harm inflicted.

If this incident is being considered in a legal context, it may be helpful to consult with legal professionals who can guide you through the process and ensure that your rights are protected. You deserve support and assistance in addressing this traumatic experience.

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