San Francisco, CA – Today, San Francisco District Attorney Brooke Jenkins announced that her office secured a conviction of Joseph Garcia (52) of San Francisco, after a trial by jury. Mr. Garcia was convicted of invasion of privacy (PC 647(j)(3)). Mr. Garcia secretly recorded a sexual encounter and shared it without his partner’s knowledge or consent.

“The jury’s verdict sends a message that Mr. Garcia’s conduct is unacceptable and anyone who engages in this type of behavior will face consequences,” said District Attorney Brooke Jenkins. “I will do everything in my power to fight for justice for victims and ensure that this kind of demeaning and exploitative criminal behavior is not normalized.”

According to testimony and other evidence presented at trial, Mr. Garcia secretly recorded a sexual encounter and then shared it via text message with a mutual friend without his partner’s knowledge or consent. After the victim became aware of the video’s existence, she reported the crime to the San Francisco Police Department.

The case against Mr. Garcia was successfully prosecuted by Assistant District Attorney Elizabeth Bertolino with support and assistance from USF Law student Lily Grigsby-Brown, victim advocate Cindy Pelayo, the domestic violence paralegal team, and District Attorney Inspector Omega Crum who assisted throughout the trial process. This case was investigated by the San Francisco Police Department’s Special Victims Unit.

“Everyone deserves to feel safe with their intimate partner, especially when in a vulnerable state during a sexual encounter,” said Assistant District Attorney Elizabeth Bertolino. “Violating that trust and vulnerability is not only morally bankrupt, but a crime that will be ardently prosecuted. I would like to thank the San Franciscans on this jury for their careful consideration of the evidence, and for holding Joseph Garcia accountable for his actions.”

Mr. Garcia is currently out of custody pending sentencing. He faces up to six months in County Jail. Sentencing is scheduled for December 5, 2023.

If you or a loved one is in need of support, please seek help. In an emergency call 9-1-1 for help.

Below are some resources for support:

• Cooperative Restraining Order Clinic (CROC) 415.969.6711

• National Domestic Violence Hotline (text) START to 88788 or call 800.799.7233

• WOMAN, Inc 24/7 Support Line, 877.384.3578

• Asian Women’s Shelter 24/7 crisis line, 877.751.0880

• La Casa De Las Madres Crisis text, 415.200.3575

• San Francisco Women Against Rape 415.647.7273

• Rape Trauma Services 650.692.7276

• Rape Abuse and Incest National Network (RAINN) 800.656.4673

• A Women’s Place 415.487.2140

• Mission Neighborhood Resource Center 415.869.7977

Court Number: 19003107

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