NOT BATTERY, BUT A CASE OF HARASSMENT … AND A BROKEN EARDRUM
The relevant sections of the Department of Law’s complaint against former Rep. Zach Fansler from the Jan. 13 sex-and-slapping date in Juneau that led to his resignation are transcribed here:
THE OFFICE OF SPECIAL PROSECUTIONS CHARGES: That in the First Judicial District, State of Alaska, on or about January 13, 2018, at or near Juneau, ZACHARY JOSEPH FANSLER with intent to harass or annoy another person, subjected another person to offensive physical contact. All of which is a Misdemeanor class B offense being contrary to and in violation of 11.6l.120(a)(5) and against the peace and dignity of the State of Alaska.
COUNT 1 – HARASSMENT IN THE SECOND DEGREE
The undersigned swears under oath this Information is based upon a review of police report #1801 19-010 submitted to date.
The defendant, Zachary Fansler, was a state legislator staying in Juneau in January 2018.
On the evening of January 13, 2018, C.T., a woman with whom Fansler had a prior social history, and Fansler had texted one another and agreed to meet at the Triangle Club Bar; Fansler arrived prior to C.T. Fansler and C.T. had previously been on one date together.
Fansler and C.T., along with a group of other people, socialized at the Triangle for about an hour, and then C.T. left the Triangle to go meet with another group of friends at another location.
Fansler did not leave the Triangle with C.T. Later in the evening, C.T. and Fansler reconnected in the bar area of the hotel where Fansler was staying, the Alaska Hotel. Again, there were others in the group besides Fansler and C.T. They only socialized in the bar area for a short period of time and then Fansler and C.T. decided to go up to Fansler’s room together shortly after midnight.
Both C.T. and Fansler had been drinking alcohol throughout the night, but Fansler was intoxicated by the time the two of them went to his room. When in the room, Fansler and C.T. began to engage in consensual sexual activity. Throughout the course of the evening, there had been no discussions about the nature of the type of sexual activity Fansler liked, and Fansler had not requested any permission to engage in any sort of aggressive sexual activity.
Then, while in the room and engaging in otherwise consensual activity, Fansler, without warning or permission, slapped C.T. in the head area with both his right and left hands. C.T. indicated that it seemed as though he had struck her as hard as he could and that her face burned and ears were ringing after the blows from Fansler.
C.T. further indicated that she immediately protested Fansler’s actions, but Fansler seemed to be too intoxicated to appropriately respond to her objections. Based on Fansler’s actions and his lack of response to her concerns, C.T. ended the encounter and left the room.
Following the incident, C.T. and Fansler had a couple brief text message exchanges where she confronted him about his actions in the room, and Fansler repeatedly apologized for his actions and acknowledged he needed to get his drinking under control.
On Monday, January 15, 2018, after continuing to have issues with one of her ears due to the blow by Fansler, C.T. decided to seek medical attention. C.T. learned that her eardrum had been ruptured. The injury required some follow up medical attention,
but it ultimately healed over time.
WHAT, NO DOMESTIC VIOLENCE CHARGE?
Fansler has no prior criminal convictions or arrests. His attorney, Wallace Tetlow, told KYUK in January that the accusations were false. “If charges are filed, we’ll deal with those successfully in court,” Tetlow said.
Evidently he has dealt with them successfully; Tetlow has won Fansler a lesser charge than a class C felony. It’s now just a harassment charge.
Is Fansler getting off easy? Are lawyers in the Department of Law protecting one of their own?
Fansler will be arraigned on the Class B misdemeanor charge on June 21 in Juneau.
Class B misdemeanors are punishable by 90 days in jail and up to $2,000 in fines. Prostitution is an example of a Class B misdemeanor, as is theft in the fourth degree – stealing something valued under $50. Senate Bill 91 SB 91 made all thefts under $250 into class B misdemeanors regardless of the number of prior convictions.