Sex Crimes, Sex Offenders What constitutes sexual assault

[Faldgdha]

This allegedly would have happened in Oregon.

Does a male "going in" for a kiss one time while sharing drinks with a female in his apartment after work constitute sexual assault? This would have been after a shared, prolonged and consensual hug. One time, no second attempt at kissing. Female recoiled, male grabbed at her arm but ultimately Female got up, fled the apartment and drove home.

No police report was filed.

So, does going in for one kiss constitute SA?

 

[Zigner]

This allegedly would have happened in Oregon.

Does a male "going in" for a kiss one time while sharing drinks with a female in his apartment after work constitute sexual assault? This would have been after a shared, prolonged and consensual hug. One time, no second attempt at kissing. Female recoiled, male grabbed at her arm but ultimately Female got up, fled the apartment and drove home.

No police report was filed.

So, does going in for one kiss constitute SA?

Not just possible SA, but attempted kidnapping and/or false imprisonment both come to mind.

If the guy is contacted by the police, he should not say anything (beyond identifying himself, of course). Tell him to watch this:

 

[zddoodah]

There is no crime in Oregon (or most states) called "sexual assault." There are several laws under the heading of "sexual offenses" (see the link below), but a mere attempted kiss doesn't even come close to falling within any of them.

At common law, assault was defined as an intentional act that reasonably causes another person to anticipate a harmful or offensive touching. Battery was defined as an intentional act that results in a harmful or offensive touching. Some states maintain the distinction; some states do not. Oregon falls into the latter category, and here's an article published by the City of Portland Police Bureau regarding "Oregon Laws related to sexual assault."(unfortunately, it has a gender-based heading at the top, but the laws are not gender-specific).

Does a [person] "going in" for a kiss one time while sharing drinks with [another person] in [the first person's] apartment after work constitute sexual assault?

No. Nor is it any other sort of crime. See ORS section 163.160, et seq. (note that Oregon has no crime that corresponds to common law assault and has defined common law battery crimes as "assault" in various degrees).

male grabbed at her arm

That could arguably be construed as an attempted assault in the fourth degree. ORS 163.160(1).

It's worth pointing out that, since these people work together, depending on the nature of their work relationship, the incident you described could constitute sexual harassment and could put the first person's job in jeopardy.

Why do you ask?

attempted kidnapping and/or false imprisonment both come to mind.

Oregon has no crime called "false imprisonment," and the facts described don't even come close to kidnapping as defined in ORS 163.215, et seq.

 

[adjusterjack]

So, does going in for one kiss constitute SA?

I wouldn't think so.

But grabbing her arm when she pulled away certainly could be.

You're lucky she just left and went home.

These days many women would just as soon break your arm.

I suggest you develop self-control.

 

[army judge]

Does a male "going in" for a kiss one time while sharing drinks with a female in his apartment after work constitute sexual assault?

These days any male would be EXTREMELY foolish to entertain, much less EXECUTE such a DANGEROUS arrangement.

I've walked this planet for decades, and NEVER would I invite ANY coworker (female, male, or any other gender) to my home.

In fact, I avoided imbibing alcoholic beverages with anyone employed where I was.

What that person did is foolish at least, and extremely dangerous, as well.

Socializing and imbibing alcohol with coworkers has always been risky, and especially so during this age of enlightenment, insofar as alcohol use, sexual activities, and driving are concerned.

 

[Faldgdha]

Let me clarify - sorry for the confusion ... they are not and were not ever, coworkers. They got together after work, but not work in the same place. They are mutual friends of mine and I'm being asked to sort of pick sides, I guess is the best way to describe it. What I gave above is the barebones of the female's ever shifting story. The male's (frankly, more credible and always consistent version is that the hug, the attempted kiss, and the grab never happened). There was a third party present for much of the evening that confirms a lot of the male's version on other events and given the female's inconsistency and motivation to harm this particular individual, I'm more inclined to believe this whole thing is made up. I was just wondering if there's anything criminal in what is being portrayed.

 

[Red Kayak]

Let me clarify - sorry for the confusion ... they are not and were not ever, coworkers. They got together after work, but not work in the same place. They are mutual friends of mine and I'm being asked to sort of pick sides, I guess is the best way to describe it. What I gave above is the barebones of the female's ever shifting story. The male's (frankly, more credible and always consistent version is that the hug, the attempted kiss, and the grab never happened). There was a third party present for much of the evening that confirms a lot of the male's version on other events and given the female's inconsistency and motivation to harm this particular individual, I'm more inclined to believe this whole thing is made up. I was just wondering if there's anything criminal in what is being portrayed.

Personal advice: don't. Just stay out of it. That's legal advice too.

 

[adjusterjack]

I was just wondering if there's anything criminal in what is being portrayed.

That will be revealed if he gets arrested and prosecuted.

If he doesn't, then you can all probably just forget it and get on with your lives.

 

[leslie82]

This allegedly would have happened in Oregon.

Does a male "going in" for a kiss one time while sharing drinks with a female in his apartment after work constitute sexual assault? This would have been after a shared, prolonged and consensual hug. One time, no second attempt at kissing. Female recoiled, male grabbed at her arm but ultimately Female got up, fled the apartment and drove home.

No police report was filed.

So, does going in for one kiss constitute SA?

Is it so hard for people to learn the definition of consent? In the situation described, the woman consented to a hug. She didn't consent to a kiss and also made it clear she wanted to leave and then the man tried to prevent her from leaving.

It's definitely sexual abuse:

• Sexual abuse: Sexual contact that does not fall under the above definitions, e.g. fondling breasts, buttocks, or vaginal area. In the absence of forcible compulsion, rape, sodomy, or unlawful sexual penetration may be charged as sexual abuse.

Information on Oregon Laws related to sexual assault | Resources | The City of Portland, Oregon

ORS 163.427 - Sexual abuse in the first degree

ORS 163.415 - Sexual abuse in the third degree

If you aren't the man or woman - stay out of it. It doesn't concern you. You don't have to 'pick sides." Tell them it's not your issue to deal with and bow out. It seems like you already "picked sides" though based on you casting doubt on the woman and then you say you believe she made it up. So why are you even asking? I honestly think you're the dude but whatever. Could there be criminal charges? Possibly IF someone files a police report but you said she didn't. And the farther it gets from the alleged incident, the less likely that anything would even come of it of a prosecutor even filing charges.

Not your circus, not your monkeys. Stay out of it.