Legal Question in Sexual Harassment in California

My girlfriend had been sexually violated, will the following information enough to put the guy liable for his action.

On Dec 20th 2012, My girlfriend went with Mr. D and 3 other friends (1 male, 2 females) to Las Vegas. All five of them were under 21 years old at the time. Mr. D rented a two-bedroom-suite for 4 nights in Hotel M(1 king bed in each room and 1 sofa bed in living room). The first day in hotel M, they looked up a local university student and made friend with him and asked him to buy alcohol for them. My girl supposed to sleep in the sofa bed and let 2 guys and 2 other girls live in the bedrooms. This is the first time my girl met Mr. D while they have known each other for a while through friends and talked to each other before. My girl knew him and thought he was nice.

On the first night, 3 other friends went to sleep in their bedrooms and my girl and Mr. D stayed in living room played poker till they fell asleep in the living room. They all drank but nothing happened between them. This made my girlfriend thought he was trust worthy.

On the second night, my girl slept on the soft bed.

On the third night, they drank again, and one of the male friend took her soft bed and she somehow went into the bedroom and slept. Mr. D later slept in the same bed with her side by side. Nothing happened between them in that night also, which reaffirmed my girl that he would not do anything to her, knowing that he at that time had a girlfriend.

However on the fourth night, the night before check out, they wanted to clear all the evidence of underage drinking, so they consumed all the alcohol left. My girl recalled that she drank at least 1/3 bottle of 40 proof alcohol (medium size, no specific volume remembered) and 2 bottle of beer. Mr. D also drank a lot that night. My girlfriend was drunk and tired, went into the room again to sleep, innocently thinking that there would not be anything happened to, and if it would, it have already happened. Later that night Mr. D went on the same bed again, asked my girlfriend to have sex with him. My girl was waken up and denied his request by saying "No, we should not do this". He stopped and lied on bed chatted with my girl for a bit. Then he came close to my girl and started kissing her. My girl said no again and tried blocked him, however no physical action like pushing was really done on him. He ignored the denial and blocking action, went on his kissing. My girl told me that, she felt like it's hard to kept saying no, so she gave in after his continued trying even though she didnt want it. She felt guilty and sorry to me, and blamed herself all this time, and kept the secret from me, being afraid that I would have left her until 6 months later, which is now. She told me the truth and I told her she was not at fault but the guy was. No is a no, no matter if there is physical resist given. He booked the hotel made him a party holder and liable for all things happened in the hotel room. He allowed underage drinking and participated in the sexual assault/rape. He was now still blaming my girlfriend told me this incident happened between them. (Mr. D is in school in Syracuse city)

The information is as above-mentioned. If my girlfriend want to report this to police, would she have a case against him? Which state will this case be reported to since it involved with CA, NV and NY? Please let me know, and I support her and give her justice.

Asked on 6/21/13, 6:40 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless
0 users found helpful
0 attorneys agreed

If police believe her story, and if they think a crime was committed, they may choose to file criminal charges. Then it is up to the DA to decide if he will prosecute. She has to file if she wants to pursue this.

Read more
6/25/13, 2:29 pm

Related Questions & Answers

More Sexual Harassment Law questions and answers in California

Looking for something else?

Get Free Legal Advice

88222 active attorneys ready to answer your legal questions today.

Sexual Harassment Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
Terry A. NelsonNelson & LawlessRiverside, San Bernardino, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now