Do I have a sexual assault case?

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?

Boston, MA -

Attorney Answers (6)

Stephen P. Kelly

Stephen P. Kelly

Criminal Defense Attorney - Worcester, MA
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
Christine C McCall

Christine C McCall

Administrative Law Lawyer - Pasadena, CA
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
Ian Thomas Valkenet

Ian Thomas Valkenet

Criminal Defense Attorney - Baltimore, MD
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.

Michael Howard Erlich

Michael Howard Erlich

Violent Crime Lawyer - Worcester, MA
Answered

Probably a better question for Dr. Phil

Henry Lebensbaum

Henry Lebensbaum

Criminal Defense Attorney - Andover, MA
Answered

The short answer is no.

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

Joshua Sachs

Criminal Defense Attorney - Evanston, IL
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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