LC 3208.3(1) (California)

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LC 3208.3(1) (California)

Postby carmen@npnlaw on Mon Oct 15, 2018 10:53 am

Is sexual assault considered "sudden and extraordinary"?
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Re: LC 3208.3(1) (California)

Postby LawAdvocate on Tue Oct 16, 2018 7:14 am

It is also a violent act, so yes, you have direct psyche. All sexual abuse is considered a violent act, although some may disagree if it is verbal. I think any time you have a sexual predator acting against someone you have a violent act.
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Re: LC 3208.3(1) (California)

Postby vampireinthenight on Tue Oct 16, 2018 8:47 am

Yes, it would be sudden and extraordinary under the way those terms are defined.
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Re: LC 3208.3(1) (California)

Postby carmen@npnlaw on Tue Oct 16, 2018 12:36 pm

Any case law in support?
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Re: LC 3208.3(1) (California)

Postby jpod on Wed Oct 17, 2018 7:34 am

I don't think you need any WC case law. Sexual assault is a form of battery - an unwanted touching - it is virtually always sudden and unexpected, is not the norm, and therefore is extraordinary. It is a crime too.
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Re: LC 3208.3(1) (California)

Postby LawAdvocate on Wed Oct 17, 2018 8:41 am

Agree with Jpod, you don't need a case in support - sexual battery is a VIOLENT crime, in classification, automatic direct psyche if she meets the threshold of predominant cause.
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Re: LC 3208.3(1) (California)

Postby vampireinthenight on Wed Oct 17, 2018 12:40 pm

It's the extraordinary part that is important. Some cases:
144 cal app 4th 1435 (Matea)
204 cal app 4th 766 (Garcia)
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Re: LC 3208.3(1) (California)

Postby mk61347 on Wed Oct 17, 2018 2:10 pm

Threshold is substantial cause 35 to 40 percent
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Re: LC 3208.3(1) (California)

Postby carmen@npnlaw on Wed Oct 17, 2018 5:11 pm

DA argued that since the sexual assaults occurred on more than one occasions, IW could not prove BOTH sudden and extraordinary. Further, DA argued to the WCJ that since it was a male "groping" another male (supervisor grabbing IW's private parts) it could not be considered a "sexual assault" under WC laws (??). IW filed numerous complaints with HR and nothing was done. He finally had to quit. DA did say that if it was a female getting "raped" that scenario would fall under the exception.
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Re: LC 3208.3(1) (California)

Postby LawAdvocate on Thu Oct 18, 2018 9:29 am

Your DA is incorrect, pull up the criminal code for sexual battery - it applies equally to males and females. Just because it occurred on more than one occasion, does not decrease the violent aspect of sexual battery.
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