Is there a way i can get charges pressed against someone that they deserve when the da said no charged with something else

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Tuesday, Sep 10, 2013

I was at work and this guy stuck his tounge in my ear and kept touching me and smelling and touching my hair and kept trying to get me to take him into a bathroom or a car and have sex with him. the cops asked the d.a for sexual harassment and sexual abuse. but the d.a said they would only charge him with harassment and disordaily conduct and send a fine to his house. is there anyway I can get the charges they want to press against him even though the d.a said no

Answers

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Sep 13, 2013
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I'm sorry to hear about the unfortunate situation you went through. But, unfortunately, the District Attorney is the government office that determines what charges to press against an individual after the police supply them with the evidence. In this case, the evidence would likely consist predominately with the statement you provided police. While there's absolutely no excuse for the man's behavior, it's possible that the charges do not rise above harassment and disorderly conduct. Your ear and hair are not considered intimate parts of your body and therefore it does not qualify as indecent assault. Also, fortunately he did not touch you in any other private areas, which would have most certainly led to much more serious charges. The only other charges that I could think would be possible would be attempted sexual assault. However, the District Attorney is not going to file those charges based on these facts. If they did, they'd have to file those charges against every guy who made strong advances towards a woman. You are entitled to go to your local District Attorney's Office and file a Private Criminal Complaint. But, I believe that you will put yourself in the same situation because a DA still has to approve those charges and I don't think they'd approve anything more than what they've already charged him with. Finally, you mentioned that you were at work. Does this man work with you? If so, you may have a possible civil claim against him or your employer if they had some reason to know about this man's behavior and did nothing to protect you from him. I hope this helps answer your question. I wish you all the best. Brian M. Fishman fishmanlaw@gmail.com www.thefishmanfirm.com