Sexual Harassment for a "weggie"?

[Jenni_Pooh2]

What is the name of your state? CA

Can someone file sexual harassment charges for a weggie? This happened about a year ago, and I received an email from the person who received the weggie saying it is sexual harassment. She is 17 years old, if that matters, and we all were goofing off. She got a weggie because her thong panties were sticking out of her pants while she was sitting down. My husband reached over and tugged on the top of the panties and said "weggie, weggie, weggie". Her parents, I and the girl all laughed. I realize that this was inappropriate on behalf of my husband, as does he. He did not mean it in any sexual way, and it happened in front of a bunch of people. At the time it happened everyone laughed and thought it was funny. I'm just wondering now if she decides to do so, can sexual harassment charges be filed?

 

[CdwJava]

Well, the only CA charge I can think of for this MIGHT be 'sexual battery' ... and may be annoying a child. But, these are both misdemeanors with a one year statute of limitation and generally require some proof of sexual arousal or gratification not screwing around.

Unless he hears from the police, I wouldn't stress it. And if almost a year has passed, I doubt anything will come of it.

But, he should avoid pulling that sort of act again. Kids doing it is one thing, but an adult male doing it to a teen female is just asking for trouble.

Carl

 

[Jenni_Pooh2]

Thank you for the reply. I was a bit worried. I would like to add that we all goofed around like this, not just my hubby. The goofing around will not happen again, as we have discovered that it can be taken the wrong way, even though she was doing the same...

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA

Can someone file sexual harassment charges for a weggie? This happened about a year ago, and I received an email from the person who received the weggie saying it is sexual harassment. She is 17 years old, if that matters, and we all were goofing off. She got a weggie because her thong panties were sticking out of her pants while she was sitting down. My husband reached over and tugged on the top of the panties and said "weggie, weggie, weggie". Her parents, I and the girl all laughed. I realize that this was inappropriate on behalf of my husband, as does he. He did not mean it in any sexual way, and it happened in front of a bunch of people. At the time it happened everyone laughed and thought it was funny. I'm just wondering now if she decides to do so, can sexual harassment charges be filed?

My response:

From the tenor of your post, I gather that this didn't happen at work. It sounds more like it occurred at some drunken backyard barbecue. Presuming the latter to be the case, then you're focusing too much on the "sexual" part of this too much. There's still civil "assault and battery" - - the unwarranted touching of another. This cause of action has a two year Statute of Limitations which runs for two years from the date of her 18th birthday. So, until she's 20, you and your husband have got some worrying to do. It doesn't matter that she was laughing. She was hurt, embarrassed and damaged as a result. It is a deliberate act in which "the harm is inherent in the act itself."

You had better hope that she doesn't need money between now and her 20th birthday - - because this is a great source of money for her if she gets smart, needs oodles of money for college and her savings account, and hires a half-way decent attorney. I hope your home is homesteaded. Suffice it to say, don't be complacent about this. Be worried. Be very worried.

I'd take the case for her, and go after you and your husband, along with everything you own in this lifetime, with a vengeance.

IAAL

 

[Jenni_Pooh2]

Wow Iaal!

I'm usually on your side, but I sure hate to be on the "other" side of you. You are correct in the fact that we were at a bar-b-que, however, everyone was involved. Herself, and her own parents were acting in the same manner and no one said anything about that. I guess fortunately for my husband and I, we don't own a home or anything worth her taking.

 

[stephenk]

how long after the incident did you get the email? was it from the girl or her parents? have you discussed the matter with her parents since getting the email?

 

[I AM ALWAYS LIABLE]

I guess fortunately for my husband and I, we don't own a home or anything worth her taking.

My response:

While everyone was involved in this "horseplay", it was your husband that pulled on her undergarments - - giving her a painful, embarrassing, humiliating, traumatic, psychosis inducing, "atomic weggy".

So, you don't think you own "anything"?

Sure you do. It's called your weekly paycheck. That's the thing I garnish after I win the case against the both of you (you conspired with your husband), slap you with a garnishment, and take 25% of your weekly paychecks until the entire $100,000.00 judgment is paid in full, including interest at 10% per annum, court costs, and attorney's fees. The judgment would last for 10 years and renewable for another 10 years. That's a 20 year monkey on your back. Oh, and because your husband's act was purposeful, you can't extinguish the judgment in Bankruptcy.

Still feeling complacent and sure of yourself?

IAAL

 

[Jenni_Pooh2]

I get it, I get it...

IAAL - I get it. No, I'm not trying to be complacent and sure of myself.

stephenk - we spoke with the parents about 3 weeks after it happened. We had gotten together numerous times for bar-b-ques, trips to the lake, etc and nothing was ever said. Then on night (about 3 weeks after it happened) her step-dad called and said that my hubby had made his step-daughter uncomfortable. He also said that it was hard for him to call us and say this as he thinks his daughter is making too much out of it. My hubby apologized and assured him that it would never happen again, as he never meant to make her uncomfortable. We haven't really seen them since then. I'm the one who sent her the email last week, congratulating her for something she accomplished that I know she has been working hard on. She responded with a thank you and told me that she didn't think I had realized the seriousness of the "weggie". She said it is considered sexual harassment. That was all that was said. I never responded to her email. I really don’t think much will come of it, other then a hard lesson learned. I just wanted to know if a "weggie" was considered sexual harassment.

 

[Jenni_Pooh2]

Garnishments

Hey IAAL - since you seem to know - how do you place a garnishment on wages? I have the Abstract of Judgment and the info to garnish, but don't know what to do now. Any help?

 

[HomeGuru]

Hey IAAL - since you seem to know - how do you place a garnishment on wages? I have the Abstract of Judgment and the info to garnish, but don't know what to do now. Any help?

**A: what?

 

[Jenni_Pooh2]

Sorry - my bad. I need to place a garnishment on some else's wages and I should have started a new string instead of using this one. I had forgotten about it until IAAL said something. I guess I'm tired of getting it stuck to me on this string and wanted to change the subject...

 

[HomeGuru]

Sorry - my bad. I need to place a garnishment on some else's wages and I should have started a new string instead of using this one. I had forgotten about it until IAAL said something. I guess I'm tired of getting it stuck to me on this string and wanted to change the subject...

**A: it's called a thread, not a string. The string is for kites or a puppet on a......

 

[krispenstpeter]

A: it's called a thread, not a string. The string is for kites or a puppet on a......

Or this REALLY KOOL trick I learned from the Kama Sutra

 

[Jenni_Pooh2]

Thread. Sorry, again. I don't believe I'm thinking too clearly after the info I just got. It's got me worried, apparently with good reason. I guess I just didn't think it was such a big deal. I'm glad I posted this thread to find out that it is.

~Feeling like an idiot...

 

[I AM ALWAYS LIABLE]

Hey IAAL - since you seem to know - how do you place a garnishment on wages? I have the Abstract of Judgment and the info to garnish, but don't know what to do now. Any help?

My response:

You need to file a Certified copy of the Abstract with the County Recorder's Office of the county where the Real Property is located. Doing this places a lien on all currently owned Real Property, as well as all later acquired Real Property; i.e., The judgment debtor can't sell any real estate until your Abstract is satisfied. Doing this is very inexepensive, requiring only the Recorder's filing fee of about $25.00 or $30.00. Then, it sits there waiting like a timebomb. You've heard of the phrase, "Cloud on your Title"? Well, this is it.

As for garnishment, you need an Earnings Withholding Order (there's a form for this) and having the Sheriff serve it on the judgment debtor's employer. That's it. Then, the employer must send you 25% of the judgment debtor's earnings each pay period until the judgment is satisfied.

You can get a book on this subject, with detailed instructions, from Barnes & Noble. There's much more you need to read and know about this before you attempt to serve the Earnings Withholding Order.

Okay, one last thing. Please have the "Weggy Girl" contact me through this site. I'd like to talk to her about representation concerning a little "assault & battery" situation that occurred last year.

IAAL