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Can I press sexual assault charges against my ex-boyfriend?

Houston, TX |

About a week before we broke up, my boyfriend came up behind me and started rubbing my breasts. I told him to knock it off, and he did, but he never asked for consent before he touched me in the first place.

Does anyone know if it's still sexual assault even if I was his girlfriend and he stopped when I told him to? I feel violated and am thinking of reporting him to the police.

Attorney Answers 4

  1. You always have the right to file a police report, but it sounds like a pretty weak case.

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  2. No. That is not sexual assault. He reasonably believed you consented to his conduct and when you verbalised your denial of consent, he stopped. Had he continued after you said stop this might have been a different result.

  3. Seriously doubt police would do anything other than take the report and I doubt the District Attorney would even present this matter to a Grand Jury.

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  4. Before you report him to the police and subject yourself to potential liability for civil damages (read: "money judgment"), I would advise that you first contact a private attorney with criminal law experience to guide you. Your respective ages, prior relationship, and the date of the alleged touching (how long you have been "thinking of reporting him to the police"?) are all factors to be examined by you and your private attorney before just charging off now and making this allegation. You did not mention any witnesses other than you and your ex-boyfriend and there appears to be no physical evidence. I would just talk to a private attorney first for your own protection.

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