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    NicoleR's Avatar
    NicoleR Posts: 3, Reputation: 1
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    #1

    Feb 28, 2011, 04:41 PM
    What is rape or seual asaault?
    Is this Rape or seual asalt or nether?

    I am sorry for the bad spelling have dyslexia and this was the best I cloud do.

    I have a friend that was seeing this boy for about 3 months and one day he went to go see her at her school. So she was sad OK beaus they were texting every day and she really want to see him. At first it was OK it was like any other date but the later they went bake to her room. And then thing started to get out of hand. She did know what to expect because this was her fires boy friend so she was never kissed or anything like that before that night. When she was sitting on the bed with him and she looked at the wall in her and thought it wooed be cool to show the boy her glowing the dark stars she had hang up on her wall. The she told me that they stated to could and make out. But that was as far as she want to go but he ( the boy) want more. He asked her how a gents heeding she was and she told him. No I won't do that. no. the her tried to make a move so by moving closures to her and fling her chests. She felt bade because she reamer the first night that they met and the tried to get her to livey her friends and get in his car. And she thought that if he gets did that then made he be happy and stop. But then he sated to put his hand down her pans . She try to stop him by rooming his hand more then ones. Then he sad what's wrong she said nothing. He triyed any so she removed his hand. So she told him I would but not to night. He sad why. She said no. so sad why. She moved way and did not answer him. He moved closed and kept on asking why. So she sad I have my period he said that never stop me be for. She sad no . He sad think about it. Then he put his arms around her and pulled her closer to so she cuod not move away. And that's when my friend sad she got scared and sad OK. She on the end of the now and sad I have to go to the bath room when so he let her up and she went to the bath room then back to her room. And the touched her and put his finger in place that made her felly she did no like and moved her hand so that she was touching his privets. She sad that she did not know what to because she thought that if she did not give in he would hurt her and do what he want any way. She let he spent the night and then he left the next mooring.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 28, 2011, 04:44 PM

    First how old are they? Second, where did this occur (general location).

    If he did not penetrate her its not rape, but if she said no and he did it anyway, it is sexual assault. Depending on their ages it could be statutory rape.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Feb 28, 2011, 04:58 PM

    "Rape" and "sexual assault" generally mean the same thing, but the exact legal definition depends upon the U.S. state or other country where it occurred.
    NicoleR's Avatar
    NicoleR Posts: 3, Reputation: 1
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    #4

    Feb 28, 2011, 06:14 PM
    Comment on ScottGem's post
    My friend is freshman in college and she is 18 when this happened and I think the boy is the same age. It happened at the college in he dorm room. The college is some where in up stat Ny. Well I don't know if putting you finger up some one vegan is penetre or not but he did do that.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Mar 1, 2011, 04:34 PM
    The following are from the NY Penal Code:


    § 130.35 Rape in the first degree.
    "A person is guilty of rape in the first degree when he or she engages
    in sexual intercourse with another person:
    1. By forcible compulsion; or...
    Rape in the first degree is a class B felony."

    "§ 130.00 Sex offenses; definitions of terms.
    The following definitions are applicable to this article:
    1. "Sexual intercourse" has its ordinary meaning and occurs upon any penetration, however slight.
    ..."
    A definition using "its ordinary meaning" is emphatically unhelpful. This is an example of prudish statutory draftsmanship. :rolleyes: But I am sure the courts have overcome this defect by the application of precendent.

    "Penetration" is not defined. So, in theory, "French kissing" would be a felony if compelled with force. Presumably digital penetration of the vagina would suffice.

    "Statutory rape" is not an issue of they both were 18.

    If it can be proven that " forcible compulsion" was used, he would be guilty. But the circumstances you relate make that very doubtful.

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