People v. Ramosmaldonado CA3

BACKGROUND

A 16-year-old female informed law enforcement that while she was working at a restaurant, her boss, defendant, “had been grabbing her from behind, touching her waist, her buttocks, kissing her neck, and grabbing her breasts for a two-month period between June 2023 and July 2023.” She said that on August 8, 2023, he placed “his left hand on

1 her right breast while simultaneously placing his right hand on her stomach and rubbing under her pants along the waistband of her pants.” She told law enforcement that “every time [defendant] touched her, she could feel that he had an erect penis.” After the victim spoke to police, she made a pretext call to defendant, during which he admitted touching her and knowing that she was between 15 and 16 years old at the time and that she was scared. He repeatedly apologized for his actions during the call. Defendant later agreed to speak with police. Among other things, defendant said the victim had been coming to work in clothes that were too revealing. He hugged her from behind and touched and grabbed her breast, but she did not do anything in response and could have left. He denied being aroused. Pursuant to the parties’ agreement,…