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by KuraFire 5505 days ago
> For the people saying she should go to the police about this: what crime (meaning something that would be criminally prosecuted as opposed to something that might be the cause of a civil suit) do you believe has been committed in this case (I'm not a lawyer; I don't know)? There was no mention of physical assault in the blog post. Even if this incident broke some law, how would there possibly be enough evidence to prosecute?

Imagine a store owner standing by his entrance, letting people in one by one without even batting an eye. Then a woman approaches, he likes the look of her. He holds up his hand and says “Hold it! You may not enter unless you have sex with me.”

That doesn’t sound like extortion, sexual coercion and unlawful discrimination to you? Well, it does to any sane judge.

As for evidence: testimonies and/or email trails can produce plenty of evidence, easily.

1 comments

I'd rather not "imagine" anything or speculate what a "sane judge" would think. What criminal law is being broken, given what we know? If you think it's obvious consider that sexual harassment in the workplace is usually considered a civil, not a criminal matter (though, in some circumstances it can be criminal).

As for the evidence, we don't really know what evidence exists in this particular case, but it seems premature to assume an e-mail trail or testimony other than the "he said/she said" variety.

It seems premature until you read the comments in her thread, wherein Tammy points out that she has received “an alarming number of emails” from other women who experienced the same or similar things.

And while I'm neither a lawyer nor that intimately familiar with US or California laws in particular, I'm fairly certain that this falls under extortion laws, as it is a form of oppressive exaction.