My friend's girlfriend kicked me in the the rear while in a public restuaraunt. Was that sexual harrasment?

Question

I told her I didn't like what she had just done but she laughed and kicked me in the rear again. Could she be arrested for sexual harrassment if I filed a police report?

How does it work in California?

Answer 1

Was the kick supposed to turn you on or make you want to have sex with her? That's sexual harassment is, and attempt to coerce someone into having sex. If you consider a kick in the butt a sexual turnon, then yes, it could be called sexual harassment.

other than that, it could be considered assault.

Answer 2

It's not sexual harrassment -- but it might be simple assault.
SH has to be acts of a sexual nature (which I don't think kicking in the rear qualifies as), which are unwanted, repeated many times after the person is asked to stop, and which in general prevent a person from adequately doing their job or are an attempt at quid-pro-quo ("you sleep with me and I'll promote you"). This doesn't qualify.

Kicking someone IS assault, however. If you really want to give up your friend (which will happen), and you have witnesses to back up your story, and you were actually hurt by it (not just embarrassed), then go ahead and file assault charges. Be prepared for the police to try and talk you out of such a minor thing, however...

Answer 3

Probably not, your best bet would be to just not hang out with her again. If she is going to be near you kick her back. If she takes it offensively point out that she did the same. I know violence doesn't solve violence but sometimes things call for more unorthodox, or primative solutions.

Answer 4

Sounds like she's being juvenile. I would have knocked her teeth out.

Answer 5

not harassment. simple assault, maybe.