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

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. 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 be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

  2. 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 educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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

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