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.
that’s why smartsex.org probably isn’t cited in too many opinions
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.
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.
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.
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.
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.
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).
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.
. . . 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
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.
your free to use it 
you ARE also free to use it :smack:
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.
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.
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 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.
what about the second part of that sentence??
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:
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?
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.
Isn’t Otto’s response based on the legal definition provided upthread, though?