Whoops...didn't fully read.
Umm.. yes it is.
http://www.legal-info-legale.nb.ca/s...id=16&langid=1
http://www.iit.edu/~cc/sexual%20assault.htmSexual assault is any kind of assault that involves sexual activity. Kissing, fondling and sexual intercourse without a person's consent are examples of sexual assault.
Sexual assault is a generic term to describe intentional sexual contact that is made without consent. It can range from kissing and touching to penetration.
Last edited by Kori Ellis; 04-18-2006 at 01:06 AM.
Whoops...didn't fully read.
Watch where you are walking from now on. I think you should see a doctor instead of a lawyer. Get a new job if you don't like the guy. Jesus.
LuvBones --
This could be it:
Deerstone Ent
(210) 646-9900 4411 Walzem Rd
San Antonio, TX
Wow what an asshole. She didn't do to get treatment like that from that guy and now she's the one who has to give up her job because the guy forced himself onto her? Don't even know what kind of logic you need to make sense of what you just said.
BTW D, check your email.![]()
This is why most women should not be in the workplace. Too much of a risk for lawsuits unless you make them see a lawyer before they are hired.
Nothing like a wannabe troll trying to hijack what was otherwise a very serious thread. At least mouse's trolls are funny, not trying too hard to be bitter.
Yes. It may be a form of an assault (or sexaul harrassment for sure) but not SEXUAL assault here in texas. I guarantee you that if you were to call police on this matter...this would not be written up as a sexual assault.
In texas, sexaul assault is defined....
§ 22.011. SEXUAL ASSAULT. (a) A person commits an
offense if the person:
(1) intentionally or knowingly:
(A) causes the penetration of the anus or sexual
organ of another person by any means, without that person's
consent;
(B) causes the penetration of the mouth of
another person by the sexual organ of the actor, without that
person's consent; or
(C) causes the sexual organ of another person,
without that person's consent, to contact or penetrate the mouth,
anus, or sexual organ of another person, including the actor; or
(2) intentionally or knowingly:
(A) causes the penetration of the anus or sexual
organ of a child by any means;
(B) causes the penetration of the mouth of a
child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact
or penetrate the mouth, anus, or sexual organ of another person,
including the actor;
(D) causes the anus of a child to contact the
mouth, anus, or sexual organ of another person, including the
actor; or
(E) causes the mouth of a child to contact the
anus or sexual organ of another person, including the actor.
(b) A sexual assault under Subsection (a)(1) is without the
consent of the other person if:
(1) the actor compels the other person to submit or
participate by the use of physical force or violence;
(2) the actor compels the other person to submit or
participate by threatening to use force or violence against the
other person, and the other person believes that the actor has the
present ability to execute the threat;
(3) the other person has not consented and the actor
knows the other person is unconscious or physically unable to
resist;
(4) the actor knows that as a result of mental disease
or defect the other person is at the time of the sexual assault
incapable either of appraising the nature of the act or of resisting
it;
(5) the other person has not consented and the actor
knows the other person is unaware that the sexual assault is
occurring;
(6) the actor has intentionally impaired the other
person's power to appraise or control the other person's conduct by
administering any substance without the other person's knowledge;
(7) the actor compels the other person to submit or
participate by threatening to use force or violence against any
person, and the other person believes that the actor has the ability
to execute the threat;
(8) the actor is a public servant who coerces the other
person to submit or participate;
(9) the actor is a mental health services provider or a
health care services provider who causes the other person, who is a
patient or former patient of the actor, to submit or participate by
exploiting the other person's emotional dependency on the actor;
(10) the actor is a clergyman who causes the other
person to submit or participate by exploiting the other person's
emotional dependency on the clergyman in the clergyman's
professional character as spiritual adviser; or
(11) the actor is an employee of a facility where the
other person is a resident, unless the employee and resident are
formally or informally married to each other under Chapter 2...
... I just don't see this as a sexual assault and I don't think it would be written up as one.....just my .02
Not written in stone...
Last edited by ZStomp; 04-18-2006 at 06:13 AM.
Yea It might not hold up. Like I said depends on his rap sheet. If it starts spitting out page after page then bingo. But if he's clean .. which I doubt..
I don't think it will because no sexual organ was used during the assault...
I think this would fall under regular Assault because of #3.
§ 22.01. ASSAULT. (a) A person commits an offense if the
person:
(1) intentionally, knowingly, or recklessly causes
bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with
imminent bodily injury, including the person's spouse; or
(3) intentionally or knowingly causes physical
contact with another when the person knows or should reasonably
believe that the other will regard the contact as offensive or
provocative.
http://www.capitol.state.tx.us/statu...0.htm#22.01.00
http://www.capitol.state.tx.us/statutes/petoc.html
Thank you so much Kori!
When I filed the police report the officer said it was definitely sexual assault but on the card he gave me with the case # on it just says assault. I'm definitely going to call back and give them this info. and see what happens. Thanks for your help again.
No problem - I hope that's the right phone number. Good luck. Hopefully they help you out and he isn't working there soon. I'd hate for you to have worry about something happening in the future.
Texas law is f'd up if grabbing and kissing someone isn't sexual assault. I would hope that it's at least assault PLUS some kind of sexual misconduct or something.
That's sexual harrassment and some type of misdemeanor assault. An attorney probably wouldn't take the case because there's no money in it. I think you're going to have to the hard work yourself by going to different government agencies and non profit organizations. I figure it's kind of your social responsibility to make sure the guy is punishedk, because he potentially could do much worse to someone else.
Well bottom line. Even if lesser charge. Get it in the books so that if he does it again there is a conviction of something.
When the employers see the cops they will start singing a diff tune as well.
i thought thread was about young prosecutor and his assisant Creil
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