Do I have a sexual assault case?

Asked over 1 year ago - Boston, MA

My ex boyfriend and I were kissing in an afternoon, after we started dating for a few days. He touched my breast (out of clothes) without asking for permission, and I pulled his hand off. He then guided my hand to touch his genitals which I didn't resist. After that he touched my breast again and I thought, OK I was done with, so I did not resist further. He further suckled me without asking for permission and we eventually had consensual sex that night.

The next few days I sent him emails saying I regret letting him take advantage of me and I feel bad about that night. He didn't seem to care. However, when I accused him of attempted rape with my friends, he was mad at me and called me names.

Shouldn't he ask for verbal permission every time he moved up a base? Do I have a case?

Additional information

If he ever asked whether he may do any of those things he didn't ask for permission for, I would have said no and that night wouldn't have existed. I did hold him tight and/or touch his private parts while verbally saying nothing to him, and he insists he had my consent because I physically was encouraging him. Shouldn't he obtain a verbal yes from me to do what he wanted?

Attorney answers (6)

  1. Stephen P. Kelly

    Contributor Level 13

    12

    Lawyers agree

    2

    Answered . No assault case here. You even admit sex was consensual. Verbal consent is not necessary. Consent may be communicated nonverbally, through behavior. Next morning regrets, do not constitute sexual assault or attempted rape.

    Law Office of Stephen P. Kelly (508) 983-1479--Criminal Defense, Military Law, Divorce & Family Law, Appeals.... more
  2. Christine C McCall

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . I think you've posted this for very dubious reasons having nothing to do with any potential legal issues. You would be best served by enlisting the services of a skilled and experienced psychotherapist who can assist you with the real issues that are affecting you, your judgment, and your need to share with the public. IMHO.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  3. Ian Thomas Valkenet

    Contributor Level 15

    9

    Lawyers agree

    Answered . Consent need not be verbal. Can you imagine how many movies would be ruined if Harry had to first ask Sally, "Madam, may I endeavor to kiss you" coquettishly?

    You actions demonstrated consent. Your concern is an emotional, not a legal one.

  4. Michael Howard Erlich

    Pro

    Contributor Level 12

    6

    Lawyers agree

    Answered . Probably a better question for Dr. Phil

  5. Henry Lebensbaum

    Contributor Level 20

    5

    Lawyers agree

    Answered . The short answer is no.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  6. Joshua Sachs

    Contributor Level 19

    5

    Lawyers agree

    Answered . The explicit consent standard that you propose would have the virtue of clarity (perhaps a written agreement would be better) but would have the disadvantage of resulting in the disappearance of the species within a generaltion.

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