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Massage parlors generally don't have the money to put into individual video camera and storage systems for each massage room so mixed gender massages can be a problem. And it boils down to "he said-she said".

In this case, the victim reported that she was more concerned with what Manny "might" do rather than anything he "did" do. She moved her leg because she thought he would touch the side of her vagina. He made her feel uncomfortable. She was worried he might fondle her breast. She didn't allege he did anything specific.

At the same time, he admitted, he probably should have been more sensitive to unspoken signals. He also admitted to the police about getting the erection, and going to trial always has certain risks,

So the choice was whether to take the Prosecutor's offer and plead guilty to a 90-day misdemeanor with 6 months probation or go to trial where a loss and conviction would mean Sex Offender registration, a felony record, and while probably no jail time, a lot of money spent on legal fees. Plus he would face all the collateral damages of a sex crime conviction. Getting a good job is all but impossible and having to explain to your children why you can't go to their high school football game is problematic.

Manny grabbed the offer. Probably the best decision. Although Manny didn't do anything wrong and getting an unwanted erection at an inconvenient or embarrassing times happens to young men of his age, it probably was the best decision.

The misdemeanor will have no effect on him, probation will not be a problem- he doesn't drink or even smoke weed, and he is no longer in the massage business. Furthermore, he can expunge the disorderly conviction in the future, something you can't do with a sex crime.

As an Attorney, I didn't feel real good about this case. I don't think Manny had done anything wrong other than being in a lousy business where this stuff happens and being in the wrong place at the wrong time. On the other hand, the risks of going to trial were too great because you never know what a jury might do and if he were convicted of the original crime, he wold have no future.

Like last month's case, there is an issue of whether the Police had probable cause to place Justin under arrest without a warrant.
The helicopter pilot radioed a description of defendant but it only indicated what he was wearing and the description was made while hovering above the scene. Would that be considered probable cause or reasonable suspicion? And if only reasonable suspicion, should the police have obtained a warrant before placing Justin in handcuffs?
But remember, Justin is 17 years old, eligible for HYTA, and the prosecutor offers a reduction of the charge to a misdemeanor. Meaning he can plead in district court and the district court Judge is probably one of the best when it comes to dealing with young men like Justin. She probably has more empathy than some older, white circuit court Judge who was assigned this case.
Lastly, the police office who Justin has spit at, turned out to be a nice guy, willing to forgive what I might not have. In fact after the our Court hearing, he gave his phone number to Justin offering his help or advice if Justin needed it.
Justin took the offer. The Judge put him on probation, gave him a midnight curfew, required him to graduate school, and keep out of trouble If he completed probation, the charge would go away and even the misdemeanor would not show up on his record.