Superior Court , P. Wife sues husband for allegedly transmitting the HIV virus to her due to his infidelity with other men. Court does not address use of last initial.
Lackner , Cal. Roe , Cal.
- California Statutory Rape Law - California Penal Code Section .
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Capital Cities , 58 Cal. Doe sues for negligent hiring practices and sexual harassment.
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Other California decisions make no mention of the pseudonymity of the plaintiff. These cases are useful insofar as they provide breadth to the examples that one could analogize to.
California Penal Code § 261.5 – Statutory Rape-Unlawful Sex
Socialist Workers Committee v. Brown , Cal. Bakersfield City School Dist. No discussion of pseudonymity. Saenz , 45 Cal. Does challenge state agency interpretation of the applicable statute. Court does not discuss pseudonymity. Issue in case is the statute of limitations for bringing claims for childhood sexual abuse and negligent hiring.
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Appellate records are available for free on the internet through California Courts: Opinions of the Supreme Court and Courts of Appeals, available here. They are searchable by citation or by a natural language search. Also notes a presumption of open access to court records. The court having jurisdiction over a civil proceeding under this title shall take all steps reasonably necessary to safeguard the individual privacy and prevent harassment of a health care patient, licensed health practitioner, or employee, client, or customer of a health care facility who is a party or witness in the proceeding, including granting protective orders.
Health care patients, licensed health practitioners, and employees, clients, and customers of the health care facility may use pseudonyms to protect their privacy. California statutory law specifically allows a party to bring a private cause of action using a pseudonym against any person who, without consent, intentionally distributes intimate or sexual imagery of a person where there was a reasonable expectation that the material would remain private and there is some harm including, for example, loss of reputation, shame, hurt feelings and damage to profession or occupation.
A plaintiff who proceeds using a pseudonym and excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon the defendant a confidential information form for this purpose that includes the plaintiff's name and other identifying characteristics excluded or redacted.
B. Against Minors Only
The court shall keep the plaintiff's name and excluded or redacted characteristics confidential. Nothing in this section requires the court to review pleadings or other papers for compliance with this provision. California courts have allowed plaintiffs to proceed with a pseudonym in a variety of cases. California statutory law specifically allows a party to bring a lawsuit using a pseudonym in cases involving juveniles, 2 health care patients and staff, 3 and victims who were deliberately infected with HIV. Courts have found that the California Code of Civil Procedure does not prohibit pseudonymous litigation.
More specifically, victims of sexual offenses have the option of keeping their names out of the public record and assuming the pseudonym of Jane or John Doe in all records and court proceedings. The law enforcement employee who receives a report from a person alleging that the person is a victim of one of the above-listed crimes, must inform the victim that her or his name will become part of the public record unless she or he requests otherwise. Do not consider this fact for any purpose.
"Age of Consent" Laws in California
Penal Code sections and In People v. Ramirez , the defendant presented several arguments against the statutes.
Third, the defendant argued that the jury instruction mandated by section Further, because the cyberstalking law criminalizes speech, an accused person might have some first amendment protections from prosecution. So, it is more difficult to prove a cyberstalking case where the victim is a politician or government figure and the messages seem directed squarely at the political actions of the recipient E.
1. What is the “age of consent” in California?
You should immediately contact an experienced criminal defense lawyer , like those at Manshoory Law Group, APC to assist you in analyzing the specific facts of your case, preparing and presenting defenses before and during trial, and making sure you understand your rights and helping you enforce them. The risks of a Cyberstalking conviction are too great to go-it alone. Call now for a free consultation Cyber Stalking Attorney Our attorneys have extensive training solely in criminal-defense.
Call Now. What is Cyberstalking? To be convicted at a trial, the prosecutor must prove beyond a reasonable doubt that The defendant willfully and maliciously harassed or followed another person AND; The defendant made a credible threat online or offline with the intent to place the other person in reasonable fear for her safety or for the safety or her family; Cyberstalking is a specific intent crime, so to convict someone of this offense, the prosecutor must prove beyond a reasonable doubt that at the time the communications were sent to the recipient, the intent of the sender was to place the recipient in reasonable fear for their safety or the safety of their family.
Cyberstalking charges in Los Angeles? Table of Contents.