[Rosiak's Blog] Nothing yet on Buzz

[babytownfrolics]

No, that doesn't meet the legal definition of sexual assault, at least not in any of the states in which I've worked around the criminal justice system. Of course, with 50 states there are bound to be variations, but generally speaking there are certain requirements that aren't met by touching someone's breasts.

Unwanted touching is assault in any jurisdiction.

[Ellenson Guerrero]

No, that doesn't meet the legal definition of sexual assault, at least not in any of the states in which I've worked around the criminal justice system. Of course, with 50 states there are bound to be variations, but generally speaking there are certain requirements that aren't met by touching someone's breasts.

Wisconsin Criminal Code
FOURTH DEGREE SEXUAL ASSAULT.  Except as provided in
sub. (3), whoever has sexual contact with a person without the
consent of that person is guilty of a Class A misdemeanor.

In Wisconsin its at least a misdemeanor, and I find it hard to believe that any court will be willing to say that grabbing someone's breast doesn't cause mental anguish which allows it to be bumped to a felony offense.

[Pakuni]

Unwanted touching is assault in any jurisdiction.

No, it isn't.
Illinois, for example, has laws that state clear differences between "assault" and "abuse."

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-13

Indiana, on the other hand, has a statute for rape and another for any other touching.

http://www.in.gov/legislative/ic/code/title35/ar42/ch4.html

California likewise has separate statutes - or subsections of the same statute - differentiating between sexual assault and sexual battery.

Where'd you get your law degree?

Anyhow, as it was originally, my point is we should be careful throwing around terms like rape and sexual assault when we don't know what exact conduct is alleged. While you may perceive any unwanted touching as an "assault," many people do not, and the law in many states doesn't, and there are significant differences to consider.

[Pakuni]

Wisconsin Criminal Code
FOURTH DEGREE SEXUAL ASSAULT.  Except as provided in
sub. (3), whoever has sexual contact with a person without the
consent of that person is guilty of a Class A misdemeanor.

In Wisconsin its at least a misdemeanor, and I find it hard to believe that any court will be willing to say that grabbing someone's breast doesn't cause mental anguish which allows it to be bumped to a felony offense.

If that were the case, the statute wouldn't be written as a misdemeanor.
As with just about everything in the law, mental anguish has a definition, and simply being upset over something doesn't qualify.

[babytownfrolics]

Where did i get my law degree?  I'm guessing from a better law school than you.

You are missing the point.  Assault encompasses unwanted touching.  Harassment does not.

No, it isn't.
Illinois, for example, has laws that state clear differences between "assault" and "abuse."

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-13

Indiana, on the other hand, has a statute for rape and another for any other touching.

http://www.in.gov/legislative/ic/code/title35/ar42/ch4.html

California likewise has separate statutes - or subsections of the same statute - differentiating between sexual assault and sexual battery.

Where'd you get your law degree?

Anyhow, as it was originally, my point is we should be careful throwing around terms like rape and sexual assault when we don't know what exact conduct is alleged. While you may perceive any unwanted touching as an "assault," many people do not, and the law in many states doesn't, and there are significant differences to consider.

[Ellenson Guerrero]

If that were the case, the statute wouldn't be written as a misdemeanor.
As with just about everything in the law, mental anguish has a definition, and simply being upset over something doesn't qualify.

I agree that mental anguish has a legal definition, but its absurd to say that grabbing someone's breast doesn't meet this definition. Mental anguish is recoverable in cases of breach of promise of marriage, assault and battery, false imprisonment, libel and slander, and even the failure of a telegram company's negligent failure to transmit a message.

I agree with your position that you have to be careful about throwing legal terms out without knowing the specific actions, but you gave such a horrendous example I couldn't just let it go.