Legal Question in Sexual Harassment in California

This following question is related to a serious matter involving a sexual encounter. Two people (male and female, both above 18 years of age) had consensual sex. The male expressed that he was only interested in sex and not a long term relationship. Knowing this, the female consented to have intercourse once. The male then grew uncomfortable during the encounter and decided to discontinue further sexual encounters. Over the time that followed, the two still attended similar classes in which the female harassed the male, many times (in front of plenty of witnesses), out of spite for not having a relationship. The male decided to do what was best and left the school and discontinued communication, in hope of ending the attachment and harassment.

This is where the conflict arises. A year and a half later, the female begins telling her professors, family, friends, and as many people as possible that the sex was not consensual and was rape, in what seems to be strongly out of spite. Legal action has not been taken, but with all of the excitement, it seems that it is a possibility of the male being falsely accused. His reputation from his peers and professors is already very damaged, as a result. What actions may the falsely accused male take to 1) defend himself from legal action taken against him for a crime that he did not commit and 2) seek legal help for the slander of his reputation?

Asked on 4/25/13, 3:57 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

"Protect himself"? Nothing.

If she sues or files criminal charges, you will defend whatever is brought.

If you poke at this with your own legal action, you will likely provoke her to do so.

Learn from this that moral, ethical, and legal conduct should be the goal in life. Anything else will bite you.

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Answered on 4/26/13, 12:21 pm

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