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.
Criminal Defense Attorney
If you were strangers, it certainly would be criminal. The same if you are in a relationship. You state you "broke up" and that this happened before the assault. While you may not have consented, it would be a particularly ambitious and confident prosecutor who felt s/he could prove beyond a reasonable doubt that there was no consent at a trial. As a first test, see if the police will entertain a complaint. If they do, then you will have to deal with the prosecutor's office which must prove guilt, not merely charge someone with a crime. So the short answer is yes, it is assault even if you were in a relationship, but proving it is another matter.
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Criminal Defense Attorney
Let's assume that there was an occasion where you playfully snuck up behind him and slapped or squeezed his butt. Let's further assume that you broke up with him and a week later the poilce came to your house and handcuffed you because he had you arrested for sexual abuse. Would you nt be outraged? Would it not be a vindictive act on his part as he did not make a complaint that night to you, the poilce, or anyone. How would you feel about being in jail and having a sexual abuse record? Would you think that was fair? Your complaint should have been made at the time of the incident, not later when you are mad at him and are looking to get even and use this incident to hurt him. This is especially true if you were happy at the time and having sexual relations. There is an implied consent in those situations as the intent here was not to molest you or violate you, it seems that he was horsing around and you told him to stop. He respected your wishes and I assume did not continue to do it. The prosecutor will know that he could never get a conviction or that it would at least be very difficult and the police will probably view it as marginal and perhaps not want to pursue the matter. They are used to vindictive people looking to use them to get even with others and do not appreciate it. If it was a first date perhaps that would be different, but do you not see how unfair and revengeful it would be to try to have him arrested now that you have broken up when you did not do so at the time it happened? I hope you see the truth in my words, most people cannot listen to others opinions, they are stubborn and see it as criticism, this is just the good advice you were looking for in this forum.
Sexual Harassment Attorney
How interesting this exact same question and same wording was asked from Houston, Texas, also. 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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