Tuesday, April 15, 2008

$10 Million Lawsuit Filed by This Law Firm Against Nightclub Owners Alleging Service to Obviously Intoxicated Minor who Claims Rape By an Owner

When is sex good? When does consensual sex cross the line to sexual battery? Can one consent to sex if she is too inebriated to understand the consequences of her actions and decisions? If the much older man caused the 19 year old young woman to become intoxicated for the express purpose of taking advantage of her sexually, then did so, is that sexual battery and/or rape since she did not have the ability to consent? And finally if the much older man owns and runs a nightclub business licensed by the state ABC, and if he commits those acts against an obviously intoxicated young woman under 21 years of age, has he violated Bus.& Prof. § 25602.1 (civil liability)?


Stephen Jamieson
Stephen Jamieson

A lawsuit we recently filed in Superior Court alleges these facts. As Stephen Jamieson points out: “It may seem like good common sense not to do these things but apparently good "sense" is not common to all ABC Licensees.”