Los Angeles Sexual Assault Lawyer Blog

A recent California sexual harassment lawsuit, Shaw v. Longs Drug Stores California Inc, was brought by a clerk who claimed a supervisor made unwanted sexual advances and physical contact on numerous occasions over a several month period.

Our Pasadena sexual harassment lawyers note the lawsuit alleged the sexual harassment created a hostile work environment under the California Fair Employment and Housing Act. In order to prove a "hostile work environment" claim, a plaintiff must show the harassment was so pervasive that it altered the condition of employment or created a hostile work environment.

This woman was forced to appeal a trial court's decision after it found no issues of fact existed for trial and ruled in favor of the company. The appeals court not only found the woman has a potential claim, it also ruled she could seek punitive damages meant to punish the company for its behavior.

The woman was hired in February 2006 at a company store in Glendale as a cashier and later promoted to a clerk's position. In September the store manager allegedly made a derogatory and sexual suggestive comment. Several other cryptic but potentially suggestive comments followed. The suit claims the manager was never disciplined despite complaints up the chain of command.

The manager was later fired and the plaintiff continued to work at the Glendale location until it closed in 2009 and she was transferred to Los Angeles. Her lawsuit claims alleged sexual battery, assault, sexual harassment, sexual discrimination and intentional infliction of emotional distress.

The appeals court upheld the lower court's dismissal on all claims except the allegations of sexual harassment. It said she could also seek punitive damages.

Continue reading "Appeals court finds clerk can pursue claim of sexual harassment in Los Angeles against Long's Drug Store" »

The Mercury News is reporting that two new bills that will toughen the restrictions faced by convicted sex offenders are among those Sacramento lawmakers will consider this year.

You can bet they will pass. Probably unanimously. Our Fontana criminal defense lawyers are dedicated to the belief that each defendant, no matter the crime, deserves immediate access to high-quality legal representation. And, having paid their debt to society, each defendant deserves to start fresh.

Unfortunately, sex offenders are rarely given the opportunity. California' sex-offender notification requirements virtually guarantee that a defendant will be paying for a conviction for years to come, if not for the rest of his life. That's why it is so imperative to fight to keep a sexually-oriented offense, no matter how minor, off your criminal record.

Two more proposed requirements for those labeled sexually violent predators include:

-AB885: Would require an offender's driver's license or identification card by branded with a notation visible to law enforcement. A similar proposal made it through the House last year but failed to clear the Senate in time to become law. Offenders may be made to pay for the program through higher fees.

-AB884:This proposal would require law enforcement to provide written notice to neighbors living within 1,000 feet of a paroled offender within five days of his moving into the area. Nearby schools and daycare centers would also be notified.

Continue reading "Proposed laws target California Sex Offenders with more sanctions" »

The saga over the ouster of former Hewlett-Packard CEO Mark Hurd amid allegations of sexual harassment continues as investors seek the report on the ordeal that was compiled by company attorneys, Bloomberg News reported.

Our Orange County sexual harassment lawyers note the company is attempting to keep the information private, citing attorney-client privilege. An investor has requested a judge release the Covington Report (which was compiled by the law firm Covington and Burling LLP) as part of an investigation into wrongdoing by directors. Hurd was granted a $40 million severance package on his way out the door.

Legal watchers think the report is likely to remain private. But the case illustrates the challenges of retrieving documents that will assist in proving cases of sexual harassment or other workplace improprieties. Often the best time to collect such collateral information is after speaking with an attorney and before formally filing a workplace complaint.

The internal investigation reportedly revealed the "close working relationship" Hurd had with the contractor who filed the complaint and that at times she appeared compensated without legitimate purpose, according to the Bloomberg report. Hurd also allegedly told investigators he was unaware of her adult film career. However, evidence showed he watched some of her movies on an adult website.

Hurd resigned his chairman position last August after the investigation showed alleged violations of the company's code of conduct. However he was not found to have violated its sexual harassment policy.

Continue reading "Hewlett-Packard saga continues in wake of sexual harassment allegations" »

A Los Angeles Superior Court judge has ruled against parents seeking personnel records of a teacher accused of violating the school district's sexual harassment policy and of having an inappropriate relationship with a female student.

Our Pasadena sexual harassment attorneys and criminal defense lawyers are frequently called to deal with allegations of misconduct involving a school employee, or that which occurs on school grounds. These cases can be among the most sensitive a law firm can handle.

A teacher or other employee who is accused of sexual harassment or sexual misconduct at school deserves the benefit of the doubt -- the same as anyone accused of wrongdoing. However, a rush to judgment too often leaves a teacher or school employee with a ruined reputation, and without a job, regardless of the outcome of the investigation or civil or criminal court proceeds.

In this case, a parent with the Santa Monica-Malibu Unified School District filed a public records request seeking to learn more about an investigation into the alleged misconduct of a math teacher, according to the Santa Monica Daily Press.

Some 140 people also signed a petition indicating they disapproved of the district's handling of the investigation (this, while knowing few of the facts). The district was going to fulfill the request and the teacher was forced to legally fight the release of his personnel file.

A district letter indicates the teacher was placed on leave in December 2008 for violating the district's sexual harassment policy. He was placed on leave the following year for allegedly having inappropriate contact with students via Facebook.

The superintendent has refused to comment. The district's policy on sexual harassment covers everything from jokes to unwanted sexual contact and advances. The teacher said release of his personnel file could discourage district personnel from cooperating with future internal investigations.

Continue reading " School case illustrates charged atmosphere surrounding allegations of sexual harassment in Orange County schools" »

A former high school principal and volleyball coach was sentenced to eight years in prison on sex charges in Los Angeles, according to Wave Newspapers.

The 41-year-old former principal of Firebaugh High School was sentenced by a Compton Superior Court Judge. ABC7 News reported he pleaded no contest to 10 counts of lewd acts on children who were 14 or 15 years old. He was convicted of molesting the children between 1996 and 2007, according to a deputy district attorney.

This is one of those cases where alleged victims began surfacing with alarming regularity after the allegations were made public. One of the jobs of an Orange County criminal defense lawyer in such cases is to keep prosecutors from piling on charges and to keep a client from pleading guilty to something that cannot be proven. In this case, a number of allegations were dropped because the statutes of limitation had expired.

Court documents reveal the defendant was principal at Firebaugh from 2005 to 2009, where three of the victims were students. Several of the girls made statements in court. One victim said she made allegations against the defendant in 1995, while he worked at a Catholic school in Los Angeles.

The eight-year sentence was also the maximum the defendant could receive under a plea bargain worked out with prosecutors. Three of the four victims played on volleyball teams he coached. He resigned as principal of Firebaugh before leaving for the Philippines in May 2009. He was arrested at LAX upon returning that July.

Continue reading "Former Principal and volleyball coach sentenced to 8 years in L.A. sex case" »

Several news reports this month have highlighted the issue of military personnel who face sexual harassment in Los Angeles or elsewhere.

Unfortunately, military culture remains more tolerant of questionable behavior between the sexes than what would be considered acceptable in the civilian workplace. This is unfortunate, and can be dangerous. When a "boys-will-be-boys" mentality exists -- whether in the military, law enforcement or elsewhere -- women will face the increased threat of being harassed or even assaulted while on the job.

And yet the laws are no different. Woman have the same legal rights to be free of harassment and discrimination in the workplace, whether or not they are members of the military or are employed by a civilian company.

The Associated Press reports sexual harassment is twice as likely to occur in the military than in civilian society -- one-third of military women will be sexually harassed during their military career.

Some 80 percent of assaults or unwanted sexual acts go unreported. And military victims that do report abuse often face social isolation, counteraccusations and retribution.

Our Orange County employment lawyers also note another article published in the Navy Times examines a federal lawsuit accusing the defense department of failing to investigate sex crimes and prosecute perpetrators.

The suit also alleges that rape and sexual assault victims were openly subjected to retaliation, discouraged from reporting sex crimes, and urged to keep quiet. The lawsuit was filed by 15 women and 2 men. Most tell of being harassed or raped, in most cases by a military supervisor.

Continue reading "Military Remains Hotbed for Sexual Harassment, Assault" »

A former head baseball coach at L.A. City College will have his Los Angeles sexual harassment lawsuit decided by a jury, the Daily Breeze reports.

Our Orange County employment attorneys see an increasing number of men being harmed by sexual harassment in the workplace. The U.S. Equal Employment Opportunity Commission reports the percentage of sexual harassment cases involving men has increased in recent years, from 11.6 percent in 1997 to 16.4 percent last year.

A Los Angeles Superior Court judge denied a motion to dismiss the case at conclusion of trial. Young filed the case in 2008, naming the district, the college's athletic director, and the head basketball and assistant baseball coaches.

The plaintiff was hired in June 2006 and fired twice, including the final time in October 2007. He claims he was not provided with assistant coaches and was treated differently because he was black. He also contends that he was sexually harassed by a male superior.

The plaintiff claims he was given assistant coaches for the 2007 season but that they rarely appeared at games or practices despite being paid.

The university claims he was fired for not following proper procedures for a check request and for installing batting cages without the approval of the administration.

Continue reading "Former Coaches' Lawsuit Highlights Male Victims of Sexual Harassment in Los Angeles" »

A soldier facing a rape charge in Los Angeles has escaped police custody in Georgia, KTLA reported.

Police accused the 20-year-old of raping a 15-year-old girl in December 2009. A Los Angeles sex crimes attorney should always be called to handle allegations involving sexual assault on a minor. A California rape charge can be punished by 3 to 8 years in prison.

Statutory rape charges may be filed as a misdemeanor if sexual intercourse occurs with a minor in cases in which the defendant is less than three years older. Forcible rape of a minor is a much more serious charge.

Those convicted of sex crimes in Los Angeles may be required to register as a sex offender. Unlike many other types of criminal offenses, a conviction for a sexually oriented offense can impact your life for many years and may require you to notify authorities wherever you live or work.

In some cases, your neighbors may even be notified of your offender status.

Authorities say the defendant in this case escaped as he was being returned to a jail in Georgia from a medical appointment at a local military base. He was last seen in the Savannah area. He was raised in Palmdale and could be on his way back to the area.

Continue reading "Soldier Facing Rape of a Minor Charge in Los Angeles Escapes Custody" »

A busing company has been ordered to pay $150,000 to settle a sexual harassment suit in Los Angeles and allegations of retaliation, School Transportation News reported.

Unfortunately, it is all too common for an employee to face retaliation in the workplace when asserting his or her rights. Whether you are dealing with a sexual harassment or discrimination claim, or you are involved in a work accident or work-safety issue, state and federal laws prohibit employers from retaliating against employees who exercise their workplace rights. Consulting an Orange County employment attorney is frequently the best bet when it comes to asserting your workplace rights and protecting yourself against discrimination, retaliation or harassment.

"Last year, retaliation charges became the number one type of complaint that the EEOC received," said Olophius Perry, district director for the EEOC's Los Angeles District Office. "The increase signals a widespread problem wherein employers seem to choose retribution over working toward eliminating the sources of discrimination in the workplace. Employers must understand that workers have the right to complain, and it is illegal to retaliate against those that do."

The U.S. Equal Employment Opportunity Commission levied the fine against First Student after a supervisor and another manager were accused of covering up sexual harassment and retaliation complaints filed by four female employees.

The case involved a male supervisor who was accused of sexual harassing three female drivers and an HR assistant. The allegations were that the supervisor made numerous sexual remarks to the employees. The harassment then turned physical when he reportedly exposed himself, grabbed a driver's breasts and rubbed himself against her.

The EEOC charged that a male manager covered up the harassment and failed to take corrective action. He was also accused of disciplining one of the victims and transferring another. The accused supervisor also allegedly cut one of the driver's hours when she refused his advances, while promising more hours to female employees if they submitted.

Three of the victims resigned in the face of the harassment. The four victims will split the $150,000.

"As noted in the consent decree entered into by First Student and the EEOC, the First Student settlement of the matter was a resolution of a disputed claim and there was no finding that First Student violated any federal employment law," the company said in a statement. "First Student denies that it violated any employment laws and its decision to enter into the settlement is in no way an admission of any type of violation."

However, as part of the decree, First Student is required to hire an outside consultant to revamp sexual harassment and other employment policies. It is also required to train its supervisors to report allegations to human resources within 24 hours.

Continue reading "Busing Company Fined for Sexual Harassment, Retaliation in Los Angeles" »

A report issued by the Restaurant Opportunities Center of LA found that the 276,000 people employed in the city's vast network of restaurants and bars are at high risk for many types of health, safety and employment violations, including sexual harassment.

Our Orange County sexual harassment lawyers understand many L.A. residents turn to waiting tables or bartending to earn extra money or make ends meet. And, while there are many outstanding operators, there are more than a few shady dealers in the mix. Often, they get away with it because employees are either afraid to make a report or are convinced it won't do any good.

Those facing workplace harassment or other violations of their rights should understand that making a report places them in a protected class. Should a restauranteur seek to retaliate, he or she can be held responsible for that as well.

The L.A. Weekly reports the study found sexual harassment and racial discrimination are pervasive problems -- with Latino workers filling most of the low-level jobs with few opportunities for advancement.

The report, "Behind the Kitchen Door," was released on Valentine's Day, which is the biggest day of the year in the restaurant business. The restaurant industry accounts for 1 in 10 jobs in LA. The 13-month study was conducted in conjunction with UCLA and compiled more than 500 worker surveys.

Among the findings:

-89 percent of employees provide no health insurance.

-89 percent provide no sick leave.

-80 percent do not receive regular raises.

-75 percent had never been promoted.

-44 percent had been subjected to overtime pay violations.

-29 percent had experienced safety risks.

-43 percent had suffered burns.

-42 percent had suffered cuts.

-Nearly 1 in 10 reports experiencing or witnessing sexual harassment from management.

Continue reading "Restaurant Industry Ripe for Sexual Harassment Complaints in Los Angeles " »

A former Glendale police officer is facing charges of violating the terms of his probation after being convicted of computer sex crimes in Los Angeles, the L.A. Times reports.

Orange County criminal defense lawyers know how intrusive probation and sex-offender reporting requirements can be. It is worth noting that all of Lindsay Lohan's legal problems stem from probation violations after a drunk driving conviction in 2007. Never are requirements more intrusive than in the wake of a conviction for a sex offense.

Unfortunately, embarrassed defendants will sometimes quickly plead guilty to a sex offense, particularly if they are being offered probation, in order to put the incident behind them. Too often, most end up re-offending because of onerous requirements of probation or sex-offender reporting. An experienced attorney is sometimes successful in helping clients avoid unrealistically restrictive probation and can assist in making sure a defendant knows what is expected.

In this case, the former officer was convicted of seducing girls online and was arrested on suspicion of violating terms of his parole, including possessing computers. Other examples of restrictive probation requirements include no contact with children in families with children (and their friends). Defendants are also frequently not permitted to be in public places with children, which can turn an act as simple as a trip to the park into a probation violation.

And, of course, those on probation must permit authorities to search their residence at any time. Such a search is what turned up a pair of laptop computers in this case. Authorities also report being suspicious of video or audio tapes that may be intended for children as well as a photograph depicting a young woman or child.

Continue reading "Restrictive probation requirements frequently lead to legal problems for Los Angeles sex offenders" »

A high school dean is facing child pornography charges in Los Angeles, according to ABC7 News.

Consulting an experienced and aggressive Los Angeles criminal defense lawyeris critical when facing allegations involving child pornography. The advent of the Internet has led to an explosion in the number of such charges that are filed each year. Meanwhile, there have been documented cases of file-sharing networks and computer viruses being responsible for illicit images. In other cases, a user other than the computer's owner may be responsible or the images may have been maliciously downloaded onto a victim's computer.

Never is defending yourself more serious than when you are a teacher or professional that works with children. In fact, defending yourself in court may not even be enough. More than other types of crimes, you may find the need to aggressively defend your rights at work and in the court of public opinion. Seeking the immediate advice of a well-qualified attorney often offers the best chance for protecting your rights, your reputation and your current and future financial well-being.

In this case the dean of discipline and athletic director of West Adams Preparatory High School in Los Angeles was arrested. Authorities allege child pornography was found on his home computer. The 53-year-old is accused of distribution of child pornography. Authorities reportedly received a tip from the National Center for Missing and Exploited Children.

He has been placed on administrative leave pending the outcome of the investigation. The school also informed parents of his arrest. He was released on $20,000 bond and is due back in court Feb. 25.

Continue reading "School Administrator Faces Child Pornography Charges in Los Angeles" »

ABC7 reports a former L.A. health inspector is headed to jail after being convicted of sexual battery.

Sexual battery in Los Angeles alleges that you touched another in an intimate area against their consent, without their consent or in an instance when consent was fraudulently obtained. California Penal Code 243.4 defines it as the non-consensual touching of another for sexual arousal, gratification or abuse.

Sexual battery can be filed as either a misdemeanor or a felony. In misdemeanor cases, the penalty is up to six months in jail and a $3,000 fine. Registration as a sex offender is typically required. Felony sexual assault in Los Angeles typically involves a victim who was restrained, unconscious or who lacked the mental capacity to resist. A felony charge is punishable by up to 4 years in prison, a $10,000 fine and registration as a sex offender.

In this case, the 51-year-old defendant was sentenced to 115 days in the county jail and ordered to serve three years of probation. He must also pay restitution to the victim and register as a sex offender for life.

A criminal protective order was also issued prohibiting the defendant from contacting the woman or going near her place of business. He was charged last May -- accused of assaulting the victim in a Pomona donut shop in March 2010.

In a separate case, prosecutors are looking for additional victims of a 55-year-old Costa Mesa man accused of sexual assaulting teenage girls on the bus. He pleaded guilty last week to a misdemeanor count of child annoyance.

He was accused of following a 16-year-old girl to her seat, where he groped her thighs and tried to unzip her jeans. The Daily Titan reports he was sentenced to 180 days in jail, three years of probation and mandatory registration as a sex offender.

Continue reading "Former Health Inspector Convicted of Sexual Battery in Los Angeles" »

A jury has awarded a sheriff's sergeant $211,700 as the result of a sexual harassment lawsuit in Los Angeles, according to a report in the Mercury News.

Pasadena Employment Attorney Okorie Okorocha said the female sergeant was sexually harassed by a lieutenant from the moment she began working at the Norwalk Sheriff's Station. This included attempts to get her to call him after hours and unwanted touching. He also indicated he had the power to get her promoted if she "cooperated."

Despite making formal complaints through the chain of command, she was denied transfers and promotions. Ultimately, she was relegated to secretarial duties normally handled by interns. The jury awarded her $211,700 plus attorney fees.

"Attorneys with the California Legal Team worked to get (her) the justice she deserved after enduring sexual harassment for years," Okorocha said.

The Equal Employment Opportunity Commission reported 11,717 sexual harassment complaints were filed in 2010. That is down from the 13,000 a year reported before the economic downturn. Unfortunately, victims may be less likely to report such harassment during a poor economy.

However, harassed workers who seek qualified legal representation enjoy protected status as state and federal law forbids retaliation. Sexually harassing behavior does not usually resolve itself. In most cases, an offender must be disciplined and/or removed from the workplace.

Continue reading "California Legal Team wins Los Angeles Sexual Harassment Claim against LCSO" »

An Army veteran who read to children for Veteran's Day was arrested after authorities found out he was a registered sex offender, UPI reported.

Our Orange County criminal defense attorneys understand the long-term consequences being charged with a sex crime can have for a defendant. More than many other types of criminal offenses, a defendant continues to pay for a sex-crime conviction long after the fact. The stipulations of sex-offender notification alone may virtually guarantee that a convicted offender runs afoul of the law. Or at the very least, is subjected to the stigma of having been convicted of a sex offense for years, or even decades after the fact.

In this case, the 56-year-old retired army major was arrested by the Los Angeles County Sheriff's Office on suspicion of entering school grounds as a registered sex offender. He had gone to Los Altos Elementary to read at the school's "heroes day" in honor of Veteran's Day. The Los Angeles Times reported the veteran was convicted in San Diego County in 2000 for attempted lewd acts on a child under the age of 14.

Deputies investigated and made the arrest long after the November visit. In fact the investigation was opened after they heard of the event last week.

Continue reading "Military Veteran charged as a sex offender for reading to school kids on Veteran's Day" »

DNA has linked a death row inmate to a series of sex crimes and murders in Los Angeles. In some cases, other defendants had been convicted of the crimes, The L.A. Times reported.

Our Pasadena criminal defense lawyers understand the complex issues involving cold cases solved, or allegedly solved, using DNA evidence. Many defendants convicted of felony crimes are required to submit a DNA sample to state and federal databases. as a result, the Combined DNA Indexing System (CODIS) continues to link defendants to unsolved crimes months or even years after the fact. And states continue to pass laws permitting the prosecution of such cases even when the statute of limitations would have otherwise expired.

In this case, Chester Dewayne Turner, one of L.A.'s most notorious serial killers, has been charged with four additional murders as a result of DNA evidence. The cases are roughly 15 years old and in two instances another man was wrongfully convicted and spent more than a decade in prison before freed by DNA evidence. Turner was sentenced to death in 2007 for the murder of 10 women. A one-time pizza delivery man, he was one of at least 5 serial killers who roamed the streets in the 1980s and 1990s.

Cold cases have significant issues with evidence being lost or destroyed, witnesses dying or moving away, memories fading, and other complications, which can work both for and against a defendant. In general, they are much more complicated than handling present-day crimes.

This case also shows the problems associated with relying upon eyewitnesses or other evidence in cases where no physical evidence exists. Several men ultimately went to prison for sex crimes and/or murders they did not commit.

Continue reading "DNA Evidence, cold cases, eyewitness testimony frequently impact sex crimes in Los Angeles" »