There's been discussion of the Female reporter who was slapped on the backside

[flotsam]

The guy involved has been charged with "sexual battery". While this may not be popular here I wonder if in terms of gender equity this might not be a case of overcharging-rather that battery alone might be a more appropriate charge-here is my thought-had he done this to a male reporter it most likely have been ignored or if pressed resulted in a battery charge. By raising this to sexual battery is not the law itself declaring that the female buttocks, just like female nipples to be of a pure sexual nature encouraging gender discrimination? A man in a locker room may not appreciate an ass slap but if he insisted the offender be charged with sexual battery I believe there would be some pushback. I'd just like other posters to comment.

[Aristus]

1. I think the people involved drew the appropriate distinction.

If she had held up her hand to him, and he high-fived it, that would be solicited, mutually agreeable contact. If he had smacked her in the face, no one would argue that it was physical assault. Since he smacked her on a part of her body that just about everyone agrees should require consent before touching, a charge of sexual battery is appropriate.

[flotsam]

4. I do not vehemently disagree

but truly any contact down to and including a handshake requires consent. My question is whether legally declaring any body parts other than genitals as sexual is a progressive outcome.

[spooky3]

5. I don't think the area of the body is especially

Important here, other than a conventional high five or handshake. This was a demeaning act, not necessarily resulting from a wish to get to know the reporter romantically. There is no way that this asshole would have pulled that with Jason Momoa, or Bill Gates, for example.

“Intimate part” is defined online as a part that is typically kept covered. The rear meets that definition. So even if someone were more precise than I am, the act clearly qualifies.

[jberryhill]

13. The only definition that matters is this one

16-6-22.1. Sexual battery

(a) For the purposes of this Code section, the term “intimate parts” means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.

(b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.

(c) Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature.

(d) A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.

(e) Upon a second or subsequent conviction under subsection (b) of this Code section, a person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years and, in addition, shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

[flotsam]

15. Actually I found this

"Intimate Parts Law and Legal Definition | USLegal, Inc.
Under R.I. Gen. Laws § 11-37-1(3), intimate parts are defined as the "genital or anal areas, groin, inner thigh, or buttock of any person or the breast of a female."

So under this definition, female breasts are legally different than male breasts and athletes slapping each other on the ass are sex offenders and should be forced to register-because part of my point was the guy was a moron deserving punishment but probably doesn't need to be labeled for life.

[jberryhill]

53. That is the law in Rhode Island

[stopdiggin]

12. so if a man squeezes another's shoulder

at a funeral .. you would essentially equate that with him squeezing a co-workers breast in the elevator?

I think I understand where you going here .. but I think it's entirely too cerebral. There is after all social context .. probably always will be .. and sexual assault itself doesn't make any sense if you try to eliminate it. Why try?

[Lexee]

2. He hit her. He ran up to her, pulled his arm back and hit her.

It was not part of "courting" a woman. It was assault. Sexual battery, ok. But, there is nothing over stretching when a strange man runs up to a person and hits them.

[flotsam]

6. Yep

That's definitely battery-but past that we get into intent "Your honor, I apologize and accept I am guilty of assault. The fact is however I was about to complete an athletic endeavor I worked toward for years. I was celebrating as I've seen many athletes celebrating and she might have been anyone near or past the finish line..." Your perp was exhausted, exhilarated, and mind fried on endorphins.

There's my argument-are you still sure it was a sexual assault beyond a reasonable doubt. Is it truly worth labeling some lady parts as more sexual than men's?

[spooky3]

8. She isn't his teammate or his friend. And men do not

Do this to men they don’t know, especially not to high status men. This suggests it has nothing to do with your “endorphin” hypothesis. Endorphins don’t force humans to engage in sexist acts.

[stopdiggin]

16. right

did the guy chose to wallop a uniformed police officer? With his endorphins percolating through his tiny brain? Or a fellow race participant (of either sex)? My response, if I'm the judge? "Oh, PLEASE!"

[spooky3]

17. Agree. I'm hearing Judge Judy say, "don't piss on my leg

and tell me it’s raining.”

In one story I read, the runner claimed he had raised his arm to wave and accidentally hit the reporter. But the video clearly shows his arm was lowered, not raised.

[mercuryblues]

45. Yeah, That was his original excuse.

[tblue37]

30. She says he didn't just slap. He also grabbed and squeezed. nt

[cwydro]

36. I think it was a 5K. I doubt he was "exhausted."

I run in races all the time; somehow I’ve managed never to slap anyone ever.

I can’t believe you’re making excuses for this creep. Have you watched the video. The leer on his face says it all.

[Lexee]

48. No one gets to hit someone because of endorphins.

[jberryhill]

55. When did she consent to participate in a contact sport?

I have seen many celebrating athletes. I have never seen one run up to a strange person who is not even a participant and slap him or her on the ass.

[spooky3]

3. But this is not comparable to a teammate slap

In a locker room, when there are no sexual overtones and teammates know one another. It’s entirely appropriate that the perp be charged with sexual battery.

[Loki Liesmith]

7. Just charge him with battery.

There was nothing inherently sexual about the act. It was a physical assault simple and plain.

[jberryhill]

11. This is the definition

When you say it was not “sexual” you are applying some kind of meaning of that word which is not consist with its definition for the purpose of this Georgia statute:

16-6-22.1. Sexual battery

(a) For the purposes of this Code section, the term “intimate parts” means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.

(b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.

(c) Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature.

(d) A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.

(e) Upon a second or subsequent conviction under subsection (b) of this Code section, a person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years and, in addition, shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

[mercuryblues]

24. then why didn't he slap any male reporters on the ass.

No, he saw a woman's ass and slapped her hard enough that it hurt her. Sapping a woman's ass has always been about men getting their jollies at the expense of women. If it wasn't why haven't they been running around slapping strange men's asses? I have never seen a male customer slap a male waiter in the ass.

[cwydro]

39. This.

Spot on.

[tblue37]

29. She says he also grabbed and squeezed her butt--that is sexual, and he wouldn't do that to a male

reporter.

[cry baby]

9. He only slapped her on the ass because she was female

and slapping females on the ass has always been a “sexual” act, demeaning as it is.

If the reporter standing there had been male, there would be no ass slap.

[jberryhill]

10. Have you bothered to read the statutory definition?

Last edited Sun Dec 15, 2019, 06:57 PM - Edit history (1)

If not, or if you are not familiar with the notion that words in criminal law are subject to specific and objective definitions, then you may be reading too much into the charge.

Please read the definition under Georgia law and explain again what is your problem with it;

16-6-22.1. Sexual battery

(a) For the purposes of this Code section, the term “intimate parts” means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.

(b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.

(c) Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature.

(d) A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.

(e) Upon a second or subsequent conviction under subsection (b) of this Code section, a person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years and, in addition, shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

[cwydro]

42. OP seems to be ignoring this fact you've pointed out.

Strange.

[Sgent]

14. They charged him with the misdeamenor

version (not felony). You could make an argument I guess, but I just don't feel he was woefully overcharged. My guess is that he takes a plea that involves a fine, apology, and probation, possibly some weekend jail time, but no sex offender registration -- but I could be wrong.

[Hortensis]

18. Whatever. He's being slapped back, and his type will take the lesson

that the war of emasculating women on men is accelerating.

They still have many avenues of aggression left to them. Grinding their groins into women's buttocks while they stand alone at busy counters, for instance, is both even more of an assault and usually safer. This kind all know this and many other ways of fighting for their rights, of course.

[flotsam]

19. I think he is most likely a sexist jerk

I just think you punish the act-not what you perceive as motive.

[Hortensis]

20. Oh, absolutely. But Trump was elected by motive and act,

and it's important to understand why. The Republican Party has always been the white party, but it's increasingly strengthening and returning to being the party of male domination as well. 23 congresswomen last caucus, 13 this one.

Don't underestimate motive, btw, which his own action invited speculation of. He swatted the butt of a newswoman while she was on camera. If it wasn't a hostile statement, for sure a lot of hostile men admired it anyway.

I'm not overreacting, btw; malicious or just...aggressive playful whim of the instant, I just don't care if the consequences happen to be greater than he foresaw. And I've invested ridiculously in this event I don't care about. Damned forums!

[mercuryblues]

47. Good

Then he gets charged with sexual battery. He slapped her in an area of the body that is covered in the statute of sexual battery.

[Kaleva]

21. What the victim says

"“He helped himself to a part of my body,” she added, saying it left her in “disbelief” and “inundated with some female guilt” because of some of the harsh online comments suggesting she was at fault.

“It’s not OK to help yourself to a woman’s body just because you feel like it. It’s not playful. He hurt me, both physically and emotionally,” Bozarjian said."

https://nypost.com/2019/12/10/runner-who-slapped-reporters-butt-on-live-tv-identified-as-youth-minister/

[aikoaiko]

22. It's the correct charge given the statute and the evidence (video and testimony)

Others have provided the actual language of the statute.

You should know that this man was charged with simple battery in the past. This comes from the May 2009 Statesboro Herald Police Blotter.

Thomas Reuben Callaway, 33, Walden Way ‚ simple battery, obstructing persons making emergency phone calls, second degree criminal damage to property.
https://www.statesboroherald.com/local/crime-report/police-report-may-28/

[Kaleva]

23. +1

[Stargazer09]

38. So he has a history of assault

That will hurt his case.

Good.

[struggle4progress]

25. The courts can sort it all out

[HubertHeaver]

26. Judging from the look on her face when it happened,

it was much more than a slap. I would say he grabbed a handful and squeezed.

[tblue37]

27. She says he also grabbed and squeezed, so I doubt he would have done that to a male reporter. nt

[Skittles]

28. a drunk college student grabbed my ass

I declined to press charges because I felt that after I broke his nose, we were equal.

[spooky3]

32. Was this you:

https://wtkr.com/2018/07/19/video-shows-georgia-waitress-take-down-diner-for-groping-her/

[Skittles]

44. that is exactly how to respond

heh, I even called him the same thing: m-fer

[TDale313]

52. It's worth noting

That he did this to a woman who was clearly working, on air, and honestly not in a position to respond as she might have under other circumstances. He did it when it would be most embarrassing and she was least free to react.

[Skittles]

54. he did it just because he could

some guys just feel entitled to touch women - I think arrests like these may be a good teaching moment - the strange thing is, these guys would go nuts if another guy manhandled their daughter, wife, sister, mother like that

[tblue37]

31. If a strange man in a locker room grabs and squeezes another man's ass, which the reporter says he

also did as he slapped her, then that is definitely sexual battery.

[Cuthbert Allgood]

33. Maybe the better argument from you is that male-on-male slap SHOULD be sexual battery.

Because it makes sense to me that this is sexual battery.

[NutmegYankee]

34. He's charged with sexual battery because he committed sexual battery

He didn't punch her. He grabbed/slapped her ass because he thought it would be funny, and it reinforced his belief that women's bodies are up for "grabs" in a sexual manner. And for the facts, if a woman slapped my ass like that, it would be sexual battery. For a male on male, yes, that can be sexual battery.

[lpbk2713]

37. It was not encouraged or welcomed by the recipient.

And that's really all that matters.

[Stargazer09]

43. +1

She was surprised and hurt by his actions.

[JonLP24]

40. Oh Jesus

Sexual battery is against the law. This isn't political issue.

[Srkdqltr]

41. She had her back to him. She was working.

She was there working. Many men ran past her and did not make contact, although a lot acted like jerks. After he made contact he made a learning face directly at the camera. He should be prosecuted. There was no accident at all.

[unblock]

46. if a woman kicks a man in the crotch, that's also sexual battery.

there's nothing sexual about that, either.

well, unless you're into that sort of thing....


if it's battery and involves certain specific body parts, then it's sexual battery. it has nothing to do with whether or not the man thought it was anything sexual or if he's sexually attracted to the woman or if he's straight or gay, or anything along those lines.

had he slapped her shoulder, it would not be sexual battery, it would have been simple battery. but it involved one of the specifically designated areas that make it sexual battery, so it's sexual battery.

pretty simple.

[Ms. Toad]

49. You might want to read the law,

before suggesting this is out of line (or gender-based). Note - buttock pertains to both genders.

By raising this to sexual battery is not the law itself declaring that the female buttocks, just like female nipples to be of a pure sexual nature encouraging gender discrimination?

Here' s Ohio's definition of erogenous zones:

(B) "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

[Cal Carpenter]

50. Am I misunderstanding, or are you saying nipples are "of a pure sexual nature"?

I'm pretty sure their primary purpose is to feed offspring. So I think your whole premise is pretty fucked up.

[Me.]

51. To Me...The Look On Her Face Said It All

Case closed

[cwydro]

56. And if you look at his face when he leans over to slap her.

The leer says it all as well.

The truth is written on both their faces, and you’re so right about her expression.

[VarryOn]

57. It's just amazing to me he thought this was ok. Nt

[Polybius]

58. My guess is that he knew it wasn't ok

But he probably never dreamed of being caught.

[Sea Glass]

59. He purposefully & publicly violated her privacy & humiliated her to assert his male power over her.

Every woman has at least one story like this. Most have several.

He deserves the charge of sexual battery and more.

[gopiscrap]

61. welcome to DU

[Sea Glass]

62. Thank you.

[gopiscrap]

63. you're welcome

hope you have a good time here!!!

[Sea Glass]

65. Thank you.

I posted here years ago (starting in 2001) under another name but left when it got too heated and ugly. Years later I've decided to come back and just sort of be chill, throw out an opinion every now and again, have a good time, and not take things too seriously.

[Codeine]

60. Oh stop.

Good lord.

[brooklynite]

64. As a "man of God" he doesn't have an excuse...