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Do I have a sexual assault case?

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?

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. 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. DISCLAIMER: Answers to posted questions are for general interest only and do not constitute legal advice. No attorney-client relationship is established by virtue of any answer posted by the attorney.

  2. Probably a better question for Dr. Phil

  3. 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. 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. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

  5. The short answer is no.

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  6. 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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