People v. Bell CA3

FACTS AND HISTORY OF THE PROCEEDINGS

A. Jamie Doe

Jamie Doe and her friend, J.V., went to the movie theater. They arrived about three hours before their movie started to beat the heat. They sat in the lobby and talked while eating snacks. Defendant walked over to the women and started talking with them. Jamie Doe had never seen defendant before but defendant was friendly and five minutes into their conversation, he asked Jamie Doe if she was single. She said she was. He then asked J.V. if she was single and J.V. said no. Defendant then kissed Jamie on her mouth. He did not ask her if he could kiss her before he did so or indicate to her he was going to kiss her. She did not want him to kiss her and she felt scared. She did not know him, he was in her personal space and she told him to back off. Defendant asked Jamie Doe if she wanted to go the family/disabled restroom. She said she did not want to go in the restroom with him. She told J.V. to watch her bags, and she went into the women’s restroom by herself. Two women were in the restroom when she entered. One was in a stall, and another was using the sink. Jamie used the large stall. She heard defendant say, “babe, I’m…