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FREQUENTLY
ASKED QUESTIONS
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Q. SHOULD I ALLOW A PATRON TO ENGAGE IN UNW ANTED SEXUAL ACTIVITY WITH
ME WHEN I AM WORKING?
A. No. Any person who touches an intimate part of the body against his
or her will for the purpose of sexual arousal, sexual gratification
or sexual abuse is guilty of sexual battery. If this unlawful touching
is happening to you, then you are the victim of the crime of sexual
battery .
Q. CAN MY MANAGER ENCOURAGE ME, FORCE ME, REQUIRE ME, OR INSIST THAT
I ENGAGE IN SEXUAL ACTIVITY AS PART OF MY WORK?
A. If your manager tries to persuade or to encourage, or to insist that
you engage in sexual activity with a patron for money paid either to
you directly or to the establishment, your manager may be guilty of
the crime known as either pimping or pandering. These crimes are felonies
under California law.
Q. CAN A MANAGER AND/OR STAFF FALSELY IMPRISON ME AND PREVENT ME FROM
LEAVING A CLUB?
A. No. False imprisonment is the unlawful violation of the personal
liberty of another and can constitute a felony or a misdemeanor depending
on the way the false imprisonment occurs. False imprisonment is a violation
of Penal Code section 236.
Q. IF I WISH TO MAKE A POLICE REPORT OF A CRIME, CAN A POLICE OFFICER
REFUSE TO TAKE MY REPORT?
A. No. It is a violation of the law for any peace officer to refuse
to take a report of any unlawful activity. Peace Officers who have the
authority to receive or arrest another person charged with a criminal
offense and who willfully refuse to receive or arrest such person can
themselves be charged with a crime.
Q. IF I AM A WITNESS TO A CRIME AND I WISH TO REPORT THIS, CAN MY MANAGER
PREVENT ME FROM TELLING WHAT I SAW?
A. No. It is a violation of the law to intimidate the witness of a crime.
Q. IF I AM ARRESTED FOR A SEX WORK-RELATED CRIME IN SAN FRANCISCO,
WHAT ARE MY OPTIONS?
A. If you are arrested for a sex work-related crime you can fight the
charges by contacting the San Francisco Public Defender's Office at
(415) 553-1671. You can also can Lisa Ortiz of the San Francisco District
Attomey's Office at (415) 553-1749 because you may be eligible for a
variety of diversion programs which can both provide services for you
and which may help clear your record.
Q. IF I FEEL THAT A POLICE OFFICER HAS INACCURATELY REPORTED MY CASE,
WHAT CAN I DO?
A. You have a right to follow up at the inspectors bureau and provide
detailed additional
information or correct the original information which was inaccurately
documented by the reporting officer.
Q. WHEN WILL I BE NOTIFIED ABOUT MY CASE, AND CAN I GET EMERGENCY ASSISTANCE?
A. The notification process varies to a great degree, and may depend
on both the length of the investigation as well as the arrest status
of the suspect. You have the right to telephone a police inspector or
an assistant district attorney to find out the status of your case.
Q. WHEN SHOULD I CALL THE SEXUAL ASSAULT ADVOCATE AT THE DISTRICT ATTORNEY'
S VICTIM/WITNESS ASSISTANCE PROGRAM?
A. If you or someone you know is being sexually abused or assaulted,
or if you have any
questions about sexual assault and what to do about it, you should call
the District Attorney's Victim Witness Assistance Program at (415) 553-9044.
All information shared with an advocate is confidential unless specifically
required by law to be disclosed. The victim witness advocates job is
to help end sexual assault or violence in your life, not to obtain information
that could be used against you in favor of the case.
(San Francisco District Attorney's Office, 2001)
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