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Reason
Reason
Politics
Eugene Volokh

Sex Offender Knocking on Neighbor's Window at 6 am and 4 am, Propositioning Her for Sex Isn't "Stalking"

From Graham v. T.T., decided Nov. 26, by D.C. high court Judge Catharine Friend Easterly, joined by Judges Joshua Deahl and Vijay Shanker:

T.T. was the sole witness who testified at the hearing on her motion for an anti-stalking order. She and Mr. Graham were neighbors; they lived in the same apartment building on 13th Street NW, on the ground floor. Of particular relevance, T.T.'s bedroom window was at the front of the building and was directly accessible from the street.

Prior to the four alleged incidents that gave rise to her motion, T.T. had had very little interaction with Mr. Graham and had seen him only a few times around the building. Then, on September 13, 2023, and November 30, 2023, Mr. Graham took food that had been delivered to the front door of her apartment. T.T. did not witness these incidents first-hand; rather, when she inquired with the building management about the stolen food, they told her Mr. Graham was the culprit and provided her with video footage from the hallway camera, which she played in court.

In December of the same year, Mr. Graham knocked on T.T.'s bedroom window and crudely propositioned her for sex on two separate occasions. On the first occasion on December 28, 2023, Mr. Graham came to her window at 6:00 a.m., knocked three times, and said, "come here; I got something for you[.] I want you … I want to eat your pussy." She "told him to get away" and that she was "going to call the cops" and Mr. Graham "ran away." She reported the incident to the police. Two days later, on December 30, Mr. Graham again came to her window at 4:00 a.m. and "banged" or "knocked" and "repeated the same thing that he said the first time he came," "come here, let me eat your privacy part." When she told him to leave, he repeated, "ma'am, I'm trying to eat your privacy part."

T.T. then said she was going to call the police, and he ran away. She filed a petition for a temporary anti-stalking order the next day. She explained to the court that she filed the petition "because, not only that I'm afraid [for] my life, I am a victim of getting molested. Also, I'm scared for my life because he is registered as a sex offender and has history as that." { T.T. testified that when the police came, they told her that Mr. Graham was a sex offender, and she also "look[ed] it up."} {It is unclear if T.T. was asserting that she had previously been molested or that she considered Mr. Graham's propositions for sex to be "molestation." Because of this lack of clarity and in an abundance of caution, we refer to T.T. by her initials.} …

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