A woman says no to a sexual advance. The man stops but tries again later. Is that sexual assault?

Asked over 1 year ago - New York, NY

A man is in bed with a woman. She's not intoxicated. She can leave the location at any time. They are consensually kissing with heavy petting. Her shirt is off. He moves his hand to put it down her pants. She indicates 'no' by pushing his hand away. He stops trying to put his hand down her pants at that time and goes back to kissing her, again consensually. A half hour later, he tries again to put his hand down her pants. She indicates 'no' again by pushing his hand away. He stops trying to put his hand down her pants for good. Is that sexual assault?

Attorney answers (4)

  1. 4

    Lawyers agree

    Answered . These situation are always going to come down to what a prosecutor thinks they can prove. As you have described it, it doesn't sound like a sexual assault, more like a failed attempt.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  2. 4

    Lawyers agree

    Answered . Not sexual assault, but the fact you are concerned about the woman accusing you of it suggests that you should find a different girl friend or figure out why you are so concerned about it.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  3. 2

    Lawyers agree

    Answered . In ancient times, they called this making out. But you did not make out, not all the wall or let's stay the lady put up a STOP sign. You were smart to stop when she did it.
    But like a colleague said, what kind of relationship is this that you have to run to Avvo?
    You must always be careful but it certainly takes the moment out of the moment.
    At least you know that NO means NO, give you credit for that.,

    Law Office of Michael Marley
    Phone 917 853 4484

  4. 3

    Lawyers agree

    Answered . Unlikely, but if you are contacted by police, retain a local criminal lawyer.

Related Topics

Sex crimes

Sex crimes are crimes of a sexual nature, such as sexual abuse and assault, rape, statutory rape, some pornography (e.g., child pornography), and prostitution.

Criminal charges for sexual abuse

Sexual abuse, also called molestation, is any kind of sexual contact that is non-consensual. When committed against a child, it is called child sexual abuse.

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