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Was I sexually assaulted? Can I press charges?

Saint Paul, MN |

About a week before we broke up, he 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? He's being a real jerk and I'm thinking of reporting him to the police for this.

by "he", I mean my now ex-boyfriend.

Attorney Answers 5


  1. If you were his girlfriend and he stopped when you asked him to, I'd say no you weren't assaulted. I'm assuming this is something he did from time to time during your relationship. Also, I know you don't want to hear this, but being angry with a jerk is thing, ruining his life potentially is another. Criminal sexual assault is a very serious bell to ring. If he won't leave you alone, then warn him to leave you alone or you'll get a restraining order, and if he continues then - file for a harassment restraining order. Best of luck for you though.
    Sincerely, Linda Morrison


  2. Assuming that this question is also in relation to the previous questions you posted, I will assume those facts apply to this question as well.

    First, no you cannot press charges. Criminal charges are a very serious and life altering event. Due to the risk of individuals pressing charges for inappropriate reasons, criminal charges can only be filed by the State. Although it is your right to make a report to the police, they have no duty to pursue those charges, nor does the prosecutor have a duty to file those charges.

    Second, given the facts that you have presented, it does not sound like this was a violent act, nor does it sound as if this was the first time such an action had occurred. In addition, it sounds as if your ex-boyfriend would have been unaware that such action wanted.

    For a free consultation, call 612-217-0077. This information is general in nature. You should not rely on this information as legal advice, as each case is unique. This information does not create an attorney-client relationship. If you are in need of legal advice concerning a particular matter, you are encouraged to contact us at your earliest convenience.


  3. First, only a prosecutor can press charges. They can do so whether or not you wish it to occur.

    Second, seeking to have charges pressed long after the fact because you are angry with the person presently, really is an improper motive. Criminal charges are extremely serious. You do not make police reports and seek criminal charges just to get back at someone.

    Third, given the nature of your relationship, the fact he stopped and the delay in reporting, it is not particularly likely charges would be field if it was reported , and , if they were, there would be significant defenses. .

    CALL 612-240-8005 for a Consultation. Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter. Visit online at http://www.minnesotaLawyers.com


  4. Given the facts and circumstances I would say NO. It seems he immediately stopped once you let him know you did not consent. In the future, if you believe you are a victim of a crime, you should report it to the police immediately (cases become harder to pursue the longer you wait to report). However, the criminal justice system is a very serious thing and should be used ONLY to handle criminal acts and NOT to get revenge on an ex-boyfriend.


  5. This question, exactly the same question, has now been asked in 3 cities- Houston, New York City, and now St. Paul. Wow, what a "coincidence"!!

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/

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