# Sexual assault was your funniest moment??? **URL:** \ **Category:** The BBQ Pit\ **Created:** [January 10, 2007, 6:24pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436 "2007-01-10T18:24:14Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![Duke\_of\_Rat](https://avatars.discourse-cdn.com/v4/letter/d/ad7895/32.png) [@Duke\_of\_Rat](https://boards.straightdope.com/u/Duke_of_Rat)\ **Post date:** [January 10, 2007, 10:36pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/41 "2007-01-10T22:36:56Z")
[QUOTE=whole bean] see post re: “battery” [/QUOTE] Yeah, I get the battery part. The part I didn’t get was: > [@smartsex.org](#): > > any type of sexual activity that you do not agree to, including: inappropriate touching, vaginal, anal, or oral penetration, sexual intercourse that you say no to, rape, attempted rape, child molestation. **Sexual assault can be verbal** , visual, or anything that forces a person to join in unwanted sexual contact or attention. They say, in just so many words, that sexual assault **can be verbal**. That’s the part I am having trouble grasping. If I proposition a passed out chick (since you say she can’t be assaulted), that doesn’t mean I’m battering her. ---
**Author:** ![whole\_bean](https://avatars.discourse-cdn.com/v4/letter/w/96bed5/32.png) [@whole\_bean](https://boards.straightdope.com/u/whole_bean)\ **Post date:** [January 10, 2007, 10:42pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/42 "2007-01-10T22:42:50Z")
[QUOTE=Duke of Rat] Yeah, I get the battery part. The part I didn’t get was: They say, in just so many words, that sexual assault **can be verbal**. That’s the part I am having trouble grasping. If I proposition a passed out chick (since you say she can’t be assaulted), that doesn’t mean I’m battering her. [/QUOTE] that’s why [smartsex.org](http://smartsex.org) probably isn’t cited in too many opinions ---
**Author:** ![rayh](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@rayh](https://boards.straightdope.com/u/rayh)\ **Post date:** [January 10, 2007, 10:51pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/43 "2007-01-10T22:51:46Z")
[QUOTE=Duke of Rat] Yeah, I get the battery part. The part I didn’t get was: They say, in just so many words, that sexual assault **can be verbal**. That’s the part I am having trouble grasping. If I proposition a passed out chick (since you say she can’t be assaulted), that doesn’t mean I’m battering her. [/QUOTE] Assault is basically putting someone in fear of being hit (or touched inappropriately), battery is actually hitting someone (or touching them inappropriately). If you actually hit someone then you have put them in fear of being hit by definition. At its most simple level, an assault is merely an attempted battery; and, although it is more complex, a battery can generally be described as a successful and completed assault. So you can have an assault without battery, but you cannot have a battery without assault. ---
**Author:** ![lisacurl](https://avatars.discourse-cdn.com/v4/letter/l/41988e/32.png) [@lisacurl](https://boards.straightdope.com/u/lisacurl)\ **Post date:** [January 10, 2007, 10:58pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/44 "2007-01-10T22:58:00Z")
All “teabagging” aside, I don’t see how "dick-whipping"someone in the face – also cited in the pitted posting – doesn’t qualify as sexual battery, but I am not a sex crimes prosecutor. ---
**Author:** ![DianaG](https://avatars.discourse-cdn.com/v4/letter/d/7ab992/32.png) [@DianaG](https://boards.straightdope.com/u/DianaG)\ **Post date:** [January 10, 2007, 10:58pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/45 "2007-01-10T22:58:51Z")
[QUOTE=whole bean] Some of you guys need to develop a better continuum of outrage. The act described was immature, crude and abusive, but it pales in comparison to violent rape or actual sexual assault. Seriously, get some bearings and quit with all this, “but what if someone stuck a baseball bat up in me while I was sleeping?” bullshit. Just cause teabagging isn’t rape or rape equivalent doesn’t mean it’s ok or legal, but jeez. [/QUOTE] And I don’t think that anyone has said, or even implied that it’s rape or the equivalent of rape. However, on the “continuum of outrage”, it’s closer to the “outrage” end than the “Eh, it could be worse so quitchyerbitchin” end. ---
**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\ **Post date:** [January 10, 2007, 11:00pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/46 "2007-01-10T23:00:58Z")
[QUOTE=whole bean] Some of you guys need to develop a better continuum of outrage. [/QUOTE] I love the phrase “continuum of outrage.” For some people it’s a digital function, all or nothing. Certain issues make some people lose all perspective. ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [January 10, 2007, 11:06pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/47 "2007-01-10T23:06:11Z")
[QUOTE=rayh] So you can have an assault without battery, but you cannot have a battery without assault. [/QUOTE] That’s usually the case, but you can have a battery without an assault if the battery occurs without them being placed in apprehension of it, e.g. hitting them in the back of the head with a bat when they’re not looking. ---
**Author:** ![myskepticsight](https://avatars.discourse-cdn.com/v4/letter/m/cc9497/32.png) [@myskepticsight](https://boards.straightdope.com/u/myskepticsight)\ **Post date:** [January 10, 2007, 11:09pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/48 "2007-01-10T23:09:49Z")
I read that post and it seems like the guy farted on her face too. Charming. If someone did this to me in this situation, I’d find it hard not to beat their ass. It’s just wrong, regardless of whether it is illegal or not. Some things you just don’t do, ya know? I’ve disliked a lot of people but I don’t go around doing things like this (well I don’t have balls so I couldn’t do the exact thing, but you get the point). ---
**Author:** ![whole\_bean](https://avatars.discourse-cdn.com/v4/letter/w/96bed5/32.png) [@whole\_bean](https://boards.straightdope.com/u/whole_bean)\ **Post date:** [January 10, 2007, 11:11pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/49 "2007-01-10T23:11:05Z")
[QUOTE=rayh] So you can have an assault without battery, but you cannot have a battery without assault. [/QUOTE] from a common law perspective (since those are the definitions you’re using) sure you can: you hit someone from behind, or while they’re asleep, or otherwise incapable of being placed in a state of fear of battery. ---
**Author:** ![whole\_bean](https://avatars.discourse-cdn.com/v4/letter/w/96bed5/32.png) [@whole\_bean](https://boards.straightdope.com/u/whole_bean)\ **Post date:** [January 10, 2007, 11:16pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/50 "2007-01-10T23:16:14Z")
[QUOTE=DianaG] And I don’t think that anyone has said, or even implied that it’s rape or the equivalent of rape. However, on the “continuum of outrage”, it’s closer to the “outrage” end than the “Eh, it could be worse so quitchyerbitchin” end. [/QUOTE] . . . uh, aside from the fact that calling it sexual assault is equating it with “rape,” someone has used that very word in this, failry short at the moment, thread **Otto** said > [@](#): > > Personally I’d say he was guilty of rape in the 1st degree, assuming that “deviate sexual intercourse” is legally a subset of “sexual intercourse.” All that aside, sexual assault, is for all intents and purposes, the codification of rape in many jurisdicitons – same punishment, same sex-offenders list, etc. ---
**Author:** ![whole\_bean](https://avatars.discourse-cdn.com/v4/letter/w/96bed5/32.png) [@whole\_bean](https://boards.straightdope.com/u/whole_bean)\ **Post date:** [January 10, 2007, 11:17pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/51 "2007-01-10T23:17:15Z")
[QUOTE=hajario] I love the phrase “continuum of outrage.” For some people it’s a digital function, all or nothing. Certain issues make some people lose all perspective. [/QUOTE] your free to use it 😉 ---
**Author:** ![whole\_bean](https://avatars.discourse-cdn.com/v4/letter/w/96bed5/32.png) [@whole\_bean](https://boards.straightdope.com/u/whole_bean)\ **Post date:** [January 10, 2007, 11:18pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/52 "2007-01-10T23:18:18Z")
[QUOTE=whole bean] your free to use it 😉 [/QUOTE] you ARE also free to use it :smack: ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [January 10, 2007, 11:18pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/53 "2007-01-10T23:18:24Z")
[QUOTE=rayh] Assault is basically putting someone in fear of being hit (or touched inappropriately), battery is actually hitting someone (or touching them inappropriately). If you actually hit someone then you have put them in fear of being hit by definition. At its most simple level, an assault is merely an attempted battery; and, although it is more complex, a battery can generally be described as a successful and completed assault. So you can have an assault without battery, but you cannot have a battery without assault. [/QUOTE] At common law, you certainly can. Assault is not a lesser-included offense of battery. Assault requires fear or apprehension of being touched; battery is the unwanted touch. The case at hand is a perfect example - the sleeping victim was not assaulted (under the common-law definition) but was almost certainly battered. ---
**Author:** ![DianaG](https://avatars.discourse-cdn.com/v4/letter/d/7ab992/32.png) [@DianaG](https://boards.straightdope.com/u/DianaG)\ **Post date:** [January 10, 2007, 11:29pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/54 "2007-01-10T23:29:06Z")
[QUOTE=whole bean] . . . uh, aside from the fact that calling it sexual assault is equating it with “rape,” someone has used that very word in this, failry short at the moment, thread [/quote] Except that sexual assault is actually not exactly the same thing as rape. “Rape” is forced intercourse, “sexual assault/battery” covers a much wider variety of uninvited and nonconsensual sexual contact. IMO, placing your genitalia on a non-consenting person’s face \*should \* be considered sexual assault/battery. Of course, I’m not a lawyer, but off the top of my head, I’ve never had anyone rub their scrotum on my face in a non-sexually charged way. Might just be me, though. ---
**Author:** ![malkavia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/malkavia/32/5621_2.png) [@malkavia](https://boards.straightdope.com/u/malkavia)\ **Post date:** [January 10, 2007, 11:30pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/55 "2007-01-10T23:30:48Z")
I want to preface this by saying that I do not think that what **AC** ’s friend did was okay by any measure. It was demeaning, rude, gross and speaks volumes about what a cuntswab he more than likely is. But after reading this: > [@](#): > > I’m passed out drunk the couch at a party. Someone comes up, lifts up my shirt, and videotapes it with the point of humiliating me in the future, that’s not sexual assault? > [@](#): > > If someone did this to me in this situation, I’d find it hard not to beat their ass. I must say that I’m really taken aback at how many posters here are likely to pass out drunk at a strangers house. Please don’t think I’m excusing the asshat who stuck his junk on this girls head, I’m not. It just doesn’t strike me as a “What if this happened to me?!” situation because, well, I’m not enough of a dumbfuck to pass out drunk in a house full of a bunch of relative strangers. YMMV, of course. I also don’t think I’d call it “rape” any more than I’d call a woman who was slapped on the ass by her husband in a joking manner “battered”. Unfairly inconvenienced and squicked out? Sure. Raped? Come on. ---
**Author:** ![whole\_bean](https://avatars.discourse-cdn.com/v4/letter/w/96bed5/32.png) [@whole\_bean](https://boards.straightdope.com/u/whole_bean)\ **Post date:** [January 10, 2007, 11:33pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/56 "2007-01-10T23:33:17Z")
[QUOTE=DianaG] Except that sexual assault is actually not exactly the same thing as rape. “Rape” is forced intercourse, “sexual assault/battery” covers a much wider variety of uninvited and nonconsensual sexual contact. IMO, placing your genitalia on a non-consenting person’s face \*should \* be considered sexual assault/battery. Of course, I’m not a lawyer, but off the top of my head, I’ve never had anyone rub their scrotum on my face in a non-sexually charged way. Might just be me, though. [/QUOTE] what about the second part of that sentence?? ---
**Author:** ![DianaG](https://avatars.discourse-cdn.com/v4/letter/d/7ab992/32.png) [@DianaG](https://boards.straightdope.com/u/DianaG)\ **Post date:** [January 10, 2007, 11:33pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/57 "2007-01-10T23:33:43Z")
Yeah, I hate it when people “inconvenience me” by rubbing their genitals on my face. Really, it’s quite rude and people should be more considerate. :rolleyes: ---
**Author:** ![whole\_bean](https://avatars.discourse-cdn.com/v4/letter/w/96bed5/32.png) [@whole\_bean](https://boards.straightdope.com/u/whole_bean)\ **Post date:** [January 10, 2007, 11:35pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/58 "2007-01-10T23:35:31Z")
dammit, **DianaG** I meant my sentence that you were replying to. You said no one in this thread is calling it rape and I quoted someone who’d used that exact word, “rape.” Isn’t that what we were talking about? ---
**Author:** ![whole\_bean](https://avatars.discourse-cdn.com/v4/letter/w/96bed5/32.png) [@whole\_bean](https://boards.straightdope.com/u/whole_bean)\ **Post date:** [January 10, 2007, 11:37pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/59 "2007-01-10T23:37:43Z")
**DianaG** , I wasn’t cussin’ at you. I was just cussin’. Like “dammit” because my post was unclear. The order of the posts makes it look like I’m getting fussy. I promise I’m not. ---
**Author:** ![Ammonium\_Nitrate](https://avatars.discourse-cdn.com/v4/letter/a/ccd318/32.png) [@Ammonium\_Nitrate](https://boards.straightdope.com/u/Ammonium_Nitrate)\ **Post date:** [January 10, 2007, 11:37pm UTC](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436/60 "2007-01-10T23:37:57Z")
Isn’t Otto’s response based on the legal definition provided upthread, though? [Previous page](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436.md?page=2) [Next page](https://boards.straightdope.com/t/sexual-assault-was-your-funniest-moment/387436.md?page=4)