Shoplifting, Larceny, Robbery, Theft caught shoplifting, no police called, sexual favor..

L

lisachoe23

New Member
Jurisdiction
California
I was caught shoplifting at a market inside a mall today. merchandise was worth around 25-30 all together.

The security guard caught me as I was walking out through the parking lot. He took me to where all the cameras were, and then opened my bag, revealing all the items that I stole. He took my permanent resident card (it was the only form of ID i had with me). He then took me upstairs, and said that he would have to handcuff me, file a report, and contact the police.
I begged for him to not contact the police, and asked him if there was anything I could do so that he would not get the police involved.
Here's where it gets weird..

He then was silent for a moment as he was thinking of something that he could do to help my situation. I guess he was taking pity on me because I'm a young (22) girl. He then told me quietly, with his back facing the camera, that the cameras are watching right now so there's nothing he could do for me here. He told me to keep my voice down because they are listening to everything I'm saying. Then he told me to put the stolen things back into my bag and follow him where there are no cameras. He led me upstairs and into some sort of back entrance for employees only. There were no cameras.

He then went out for a bit and told me to wait. I think he was making a copy of my permanent resident card. Then when he came back, he told me that he wanted to help me out. He said that he couldn't just let me go because he would lose his job. Something about the whole situation felt so wrong, but I didn't want to upset him or do anything that would make him call the police immediately. He asked me if there was anything I could think of that I could do so that he could help me. I did not know what to do or say. I just kept repeating that I don't want this to put on my permanent record. I then began to cry.

He then suddenly hugged me. I didn't know what to do. At this point, I knew what he was getting at, and I just wanted to leave, but I couldn't because he had my green card and I was again scared that he would call the cops on me. I was scared and I began crying more. He then hugged me tighter and grabbed my butt. This confirmed my fear that he wanted a sexual favor in return for letting me go. He then proceeded to kiss me.

Out of desperation and fear I went along with the act. I just wanted it to be done, and I wanted to be let free without any charged pressed against me. He then put his fingers inside me, he pulled his zippers down to unveil his penis. He told me to just touch it and and then I could go. I did so, and he told me to kiss it. I did for a bit, and then I stopped. He then pulled out a condom and put it on, and proceeded to have sex with me. I don't know if he finished, I just zoned out for a bit as he was thrusting. I'm assuming he did because he pulled out finally and took out some paper towels within his uniform to wipe off. Then he said that he was going to file a report but it wouldn't go to the police. He told me to just forget about the day, never come back, forget his face and told me not to ruin my life by stealing ever again. Then he said that he would disable the alarm on the exit door, and told me to leave 5 minutes after he left. He went back out, and after 5 minutes I exited an alarmed door. The alarm did not ring, and I left the building with the stolen goods still inside my bag.

Sorry for the long post. I'm at a loss as to what to do. I first want to ask what is the likelihood that the police will be contacted about my shoplifting? Is there a chance that it will go on my permanent record? I don't want it to affect my job search in the future.

I also feel like I should press charges against the security office for sexually harassing me. But I feel so disgusted at myself. I feel like I was raped, but I guess it is not technically rape because I never actually said "no." I also don't want to risk receiving a criminal charge...Please help me and any advice would be appreciated. Thanks.
 
I'm so sorry to hear about your ordeal. That's a horrible story. And I disagree with your legal opinion on the rape law with regard to what constitutes "consent."

California Penal Code Section 261

(a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:

(1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.

(2) Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.

(3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.

(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets one of the following conditions:

(A) Was unconscious or asleep.

(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact.

(D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.

(5) Where a person submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief.

(6) Where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, "threatening to retaliate" means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.

(7) Where the act is accomplished against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, "public official" means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.

(b) As used in this section, "duress" means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in appraising the existence of duress.

(c) As used in this section, "menace" means any threat, declaration, or act which shows an intention to inflict an injury upon another.
 
lisachoe23 said:
I was caught shoplifting at a market inside a mall today. merchandise was worth around 25-30 all together.

The security guard caught me as I was walking out through the parking lot. He took me to where all the cameras were, and then opened my bag, revealing all the items that I stole. He took my permanent resident card (it was the only form of ID i had with me). He then took me upstairs, and said that he would have to handcuff me, file a report, and contact the police.
I begged for him to not contact the police, and asked him if there was anything I could do so that he would not get the police involved.
Here's where it gets weird..

He then was silent for a moment as he was thinking of something that he could do to help my situation. I guess he was taking pity on me because I'm a young (22) girl. He then told me quietly, with his back facing the camera, that the cameras are watching right now so there's nothing he could do for me here. He told me to keep my voice down because they are listening to everything I'm saying. Then he told me to put the stolen things back into my bag and follow him where there are no cameras. He led me upstairs and into some sort of back entrance for employees only. There were no cameras.

He then went out for a bit and told me to wait. I think he was making a copy of my permanent resident card. Then when he came back, he told me that he wanted to help me out. He said that he couldn't just let me go because he would lose his job. Something about the whole situation felt so wrong, but I didn't want to upset him or do anything that would make him call the police immediately. He asked me if there was anything I could think of that I could do so that he could help me. I did not know what to do or say. I just kept repeating that I don't want this to put on my permanent record. I then began to cry.

He then suddenly hugged me. I didn't know what to do. At this point, I knew what he was getting at, and I just wanted to leave, but I couldn't because he had my green card and I was again scared that he would call the cops on me. I was scared and I began crying more. He then hugged me tighter and grabbed my butt. This confirmed my fear that he wanted a sexual favor in return for letting me go. He then proceeded to kiss me.

Out of desperation and fear I went along with the act. I just wanted it to be done, and I wanted to be let free without any charged pressed against me. He then put his fingers inside me, he pulled his zippers down to unveil his penis. He told me to just touch it and and then I could go. I did so, and he told me to kiss it. I did for a bit, and then I stopped. He then pulled out a condom and put it on, and proceeded to have sex with me. I don't know if he finished, I just zoned out for a bit as he was thrusting. I'm assuming he did because he pulled out finally and took out some paper towels within his uniform to wipe off. Then he said that he was going to file a report but it wouldn't go to the police. He told me to just forget about the day, never come back, forget his face and told me not to ruin my life by stealing ever again. Then he said that he would disable the alarm on the exit door, and told me to leave 5 minutes after he left. He went back out, and after 5 minutes I exited an alarmed door. The alarm did not ring, and I left the building with the stolen goods still inside my bag.

Sorry for the long post. I'm at a loss as to what to do. I first want to ask what is the likelihood that the police will be contacted about my shoplifting? Is there a chance that it will go on my permanent record? I don't want it to affect my job search in the future.

I also feel like I should press charges against the security office for sexually harassing me. But I feel so disgusted at myself. I feel like I was raped, but I guess it is not technically rape because I never actually said "no." I also don't want to risk receiving a criminal charge...Please help me and any advice would be appreciated. Thanks.
Click to expand...

When you were released from the evil clutches of your sexual abuser, I am sure you went straight to a hospital and reported the rape, right?

The helpful medical staff collected his vile DNA, called the local constabulary.

Please let us know what the sexual assault detectives told you to do.
Thanks so much, and I do hope your medical concerns are being treated properly.

Rape is a very serious crime.
So too, is claiming rape when it never occurred.
The GAP in the video will help you get this vermin prosecuted.
I'm sure it will support your story.
 
My primary concern is with your mental well being. You should get some counseling, perhaps at a rape center. I'm very sorry to hear about your experience. I am also guessing that this may not be the first time something happened.

If the security guard copied your paperwork, then there is little more than you can do with regard to reporting. His claim about worrying about his job is ridiculous, because the employer would probably fire him for the offense you've described. I agree with @army judge about next steps and viewing this as you being a victim of a crime after a petty theft. Another important reason to contact the police is to preserve evidence that might exist to support your claims.

I would tend to doubt you would have a concern with prosecution after such an ordeal but you should leave any conversation about to an attorney - even if it's a public defender or advocate. You may want to contact the California Coalition Against Sexual Assault for help and guidance. Hoping for the best for you and stay strong. Good luck.
 
Thanks everyone for the responses.

Michael M. Wechsler said:
My primary concern is with your mental well being. You should get some counseling, perhaps at a rape center. I'm very sorry to hear about your experience. I am also guessing that this may not be the first time something happened.

If the security guard copied your paperwork, then there is little more than you can do with regard to reporting. His claim about worrying about his job is ridiculous, because the employer would probably fire him for the offense you've described. I agree with @army judge about next steps and viewing this as you being a victim of a crime after a petty theft. Another important reason to contact the police is to preserve evidence that might exist to support your claims.

I would tend to doubt you would have a concern with prosecution after such an ordeal but you should leave any conversation about to an attorney - even if it's a public defender or advocate. You may want to contact the California Coalition Against Sexual Assault for help and guidance. Hoping for the best for you and stay strong. Good luck.
Click to expand...

Michael, thank you for your clarification of what constitutes rape. I did feel very violated by the security guard and needed the confirmation that I was in fact, raped by him.

Also in regards to your second post, do you think there's a likelihood that he will report it to the actual police? I get that he'll report it probably as proof that he's doing his job, but will it just stay within the market/mall? I feel like he won't report it, especially because he has committed a more serious crime in this scenario.
 
army judge said:
When you were released from the evil clutches of your sexual abuser, I am sure you went straight to a hospital and reported the rape, right?

The helpful medical staff collected his file DNA, called the local constabulary.

Please let us know what the sexual assault detectives told you to do.
Thanks so much, and I do hope your medical concerns are being treated properly.

Rape is a very serious crime.
So too, is claiming rape when it never occurred.
The GAP in the video will help you get this vermin prosecuted.
I'm sure it will support your story.
Click to expand...

Thanks for you reply. No, I did not go to the hospital and did not report the rape. I'm just scared that doing so will mean that I will be charged with shoplifting as well. Like I said in my initial post, I really don't want this to affect my job search due to employee background checks.
 
shrinkmaster said:
What happened to you WAS a crime and you need to report this so it does not happen again!
Click to expand...

Yeah.. on one hand I do feel like I should report it. The way that he was moving and acting, it didn't seem like it was his first time. He just seemed so comfortable and natural at it.
On the other hand, I'm also fearing being charged for my crime. I have one more semester left in college, and I don't want my four years studying at a university to go down the drain because of a crime on my record. I am studying mechanical engineering, and all the companies I have applied to say that they will perform a background check on me.
 
If you do nothing else then at least call the store or send a letter. Please don't let this guy get away with this and potentially do this to another young woman.
 
I'm so very sorry. As the others said, please report it - at least in some way. Also, take care of yourself.
 
I am a Retail Theft consultant and have dealt with "bad" Loss Prevention staff in past. You need to report this if not to Police at least to store. You could be saving another from same fate
 
Always report ANY and ALL crimes to the police, sheriff, FBI, or the appropriate law enforcement agency.

Your report of the crime could save another innocent person from the harm dealt to you.
 
Coming late to this party but I also wanted to encourage you to report this. There is no question that you were raped, from your description. Reporting him is one means that you have of taking back the power he took away from you when he assaulted you in that way.

I've taken the liberty of checking your IP address (please don't be alarmed; only moderators can see it at all and I can only see your general area, no identifying information) and have looked for some Rape Crisis Centers in your area.

rape crisis center in los angeles - Google Search

Please, please call one of them. They'll help you through this.
 
Just to add I know your worried about a criminal case but calling Police wont increase or decrease this happening. In fact I would go as far to say it might stop a criminal complaint if you did as they would not want to draw attention to this.
 
I think there would be much more interest in prosecuting the rapist rather than prosecuting you for a minor theft. You're the victim here.

I urge you to think about this and hopefully you will report this to the police and get this guy off the street.
 
And for God's sake, if you are worried about your criminal history, don't act like a criminal. This guy absolutely shouldn't have done what he did, no question. Expect though, if you do report it, to explain why it happened, why you asked for some other way out of it, why you went with him, why you still kept the stolen merchandise, and why you didn't ask him to stop. No, technically the law doesn't require that you ask it to stop and criminal behavior on your part does not excuse his behavior at all, but those questions will be asked and the theft will be brought to light. If you are emotionally fragile (understandable), you need to be prepared for that. I would talk to a counselor before acting if I were you. You are going to need support no matter what you do. If you are in college, your school should have a counseling center that is free or very low cost.

You also need to deal with why a college educated 22 year old who has a promising future, and knows that a criminal record will jeopardize that, would purposely steal. Your counseling center can help you with that too. Anything you tell a counselor is confidential. You do not want to derail a promising future before it even begins.
 
Far as criminal history goes there are means for you to keep a conviction off your record should it be reported to police (doubtful). I would even venture to say the store might remove Civil Demand to avoid attention being drawn to the assault on your person.
 
What you, OP, were demanded to do was no favor.
You were bullied, badgered, and beguiled into allowing a vile, evil pervert to use you illicitly for his sordid, twisted pleasure.
The cad beguiled you into allowing him to rape you.
Please, report this inhuman perverted, savage to the local police agency or the county district attorney.
You'll also discover a vast array of assistance, help, and support will be made readily available to assist you in your medical and psychological recovery!!!!
 
Ok.... This is nuts, sadly it wasn't reported when it happened. You were wrong for stealing. He was VERY WRONG for what he did. I wish you would have reported it at the time. I wish you would have kicked him where it counts. Now.... After the fact.... What can be done is reporting it now. Without evidence of this rape doesn't it become a he said, she said type of report? I agree with the poster statement, that it seemed like this idiot has done it before. So there may not be video of the encounter. If she reported it now wouldn't it become "She is lying to get out of the charge?" I would think.... this idiot will still submit it for a civil demand letter. What if she was to bring in a tape recorder and record them talking about it? How much ground will her claim of rape hold by reporting this late? This person needs to be STOPPED..... but it also needs to stick. So the laws can lock his butt up for a very long time.
 
You are right that credibility is going to play a huge part, there is just no getting around this. I expect this guy will use her asking for another way out (and the implied request behind it) and not ever saying no to defend his case. Criminals do not make the most believable reporters, but while a criminal charge is very questionable, I am betting the store would not be happy that this guy is breaking protocol and having sex in the building on the clock. At the very least I would expect him to be relieved of his duties. He probably has done it before. Who keeps condoms at work?

Recording without consent in CA could be problematic. The OP should not play amateur sleuth and engage with this guy again. Let the pros handle the investigation. I very much doubt he would come right out and admit to rape anyway.

The important thing is for the OP to get herself into some counseling and proceed from there.
 

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