one person accused the other of fondling and called the cops on him. does he have a case. what will happen to the accused.
It is certainly possible. The fact as set forth above aren't enough to say whether a crime has been committed. But, say, for example, two male friends are sharing a bed in a hotel room for the sake of having a vacation on the cheap. They both have an expectation of not being sexually molested/assaulted by the other. When one friend violates that expectation, he very well may have committed a crime.
The accused may be prosecuted, but the breadth of possibilities for his punishment, if any, is not possible to state with certainty with the limited facts provided. That said, my initial belief is that this would fall within the category of a lewd act, which is a 2nd degree misdemeanor, justifying a punishment of up to 60 days imprisonment and a $500 fine.
The information provided in this and other answers on Avvo are general in nature and limited to the facts as stated. The information provided in this and other answers on Avvo should not be construed as legal advice on which the reader relies without further consultation with an attorney. No attorney-client relationship is created on Avvo question & answer forums. This attorney is licensed and admitted to practice law in the State of Florida only.
1 found this helpful
2 lawyers agree
Sexual Harassment Attorney
Yes. If there was touching of the other male's genitals or some other illegal behavior the police could be contacted and a complaint filed.
If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/