Law Forum : Supreme Court Justice Clarence Thomas Denies Groping Accusation

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Liberty

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Here is another for sexual harassment...

The law prohibits unwelcome "sexual" conduct and words or actions "of a sexual nature." Some conduct, such as hugging, may be sexual or nonsexual and must be evaluated in context. Sexual harassment may be physical, such as kissing, hugging, pinching, patting, grabbing, blocking the victim's path, leering or staring, or standing very close to the victim. It may also be verbal, which may be oral or written and could include requests.​

Source:
http://legal-dictionary.thefreedictionary.com/sexual+harassment


But using one's source for the definition of sexual assault, let's look at the sexual harassment definition and context defining what might constitute such...

Sexual harassment occurs when employment decisions affecting an employee, such as hiring, firing, promotions, awards, transfers or disciplinary actions, result from submission to or rejection of unwelcome sexual conduct. Sexual harassment can also be any activity which creates an intimidating, hostile, or offensive work environment for members of one sex, whether such activity is carried out by a supervisor or by a co-worker. This could include such workplace conduct as displaying "pinup" calendars or sexually demeaning pictures, telling sexually oriented jokes, making sexually offensive remarks, engaging in unwanted sexual teasing, subjecting another employee to pressure for dates, sexual advances, or unwelcome touching.​

Source:
https://www.justice.gov/jmd/eeos/sexual-harassment

and compare/contrast with the one provided about sexual assault...

Sexual assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.​

Source:
https://www.justice.gov/ovw/sexual-assault


For the question about the question, it would be sexual harassment... not dodging, was trying to figure out why people would call certain things "assault" though.

Child molestation and incest are considered "assault" here as well.
I understand the legal standard around protecting the child, but not sure why incest would be classified as "assault" as well.

Look at the case that Hillary took as a favor when she defended a alleged rapists of a 12 year old. Instead of 1st degree sexual assault and a minimum of 5 years, Hillary had it reduced in a plea deal down to "illegal fondling of a minor", and only 1 year. The illegal fondling is akin to child molestation or forced groping, not someone patting someone on the butt as they walk by.

Also, does one consider incest to be sexual assault as well?


And to follow up, since the last question was highlighted in red to be noticeable...

The question the member asked created an extreme context for a scenario that doesn't change the definition. Almost like asking "if an ugly and unattractive woman held you down and kissed on you". That was a decent attempt, but I smiled as well because I use that tactic (a bit differently though) from time to time in discussions.

I agree with ALL of that. Seems like you don't, for some odd reason. Recently a Physician tried to hug me. It was inappropriate and unwelcomed. So, yes, I considered it sexual assault, though I did not pursue a legal remedy, I would have been within my legal rights if I had. I just changed doctors, because I knew I could not prove it and I probably would have been humiliated in the process of seeking justice.

Yes, incest is especially sexual assault. And, minors are not able to give consent.
 

Liberty

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Just a difference of opinions, that's all.
When I think of assault, I think of force or aggression.

Not saying others can't have a different view, because that's a personal context.

As for incest, in the scenario where two adult cousins over the age of 20 were sexually involved, which one becomes the victim of the sexual assault?

The one on the receiving end of the unwelcomed and inappropriate behavior, would be the victim.

It IS "aggressive" for someone to INITIATE sexual advances toward someone who is not wanting sexual contact with another.
 

Liberty

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Aug 28, 2015
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It just says "incest"

Noooo. It says:

Sexual assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.
 

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