Forcible touching
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Forcible touching, under New York State law, is a sex offense.[1][2]
A person is guilty of forcible touching in New York State, under NY Penal Law § 130.52 (2022), when such person "intentionally, and for no legitimate purpose: 1. forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person, or for the purpose of gratifying the actor's sexual desire; or 2. subjects another person to sexual contact for the purpose of gratifying the actor's sexual desire and with intent to degrade or abuse such other person while such other person is a passenger on a bus, train, or subway car operated by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions."[1]
History
The charge of forcible touching was created in response to the 2000 Puerto Rican Day Parade sexual attacks in Central Park in New York City.[3][4] After the parade, dozens of women were attacked by men in Central Park, who groped them.[3] This led New York State lawmakers to strengthen penalties for sex crimes.[3] At the time, groping incidents were handled using a sex abuse statute that resulted in a punishment of a maximum jail term of 90 days.[3] Under the new forcible touching law, defendants had the right to a jury trial and could face punishment of up to a year in jail.[3]
In March 2020, Lawrence Robinson of Potsdam, New York, pleaded guilty in St. Lawrence County Court to forcible touching, and prosecutors said his sentence would include six years' probation.[5] He was also required to register as a sex offender, and comply with all orders of protection.[5][2]
In October 2020, a jury in the District Court of Suffolk County found Rev. Thomas Humphrey, who served as a minister at Grace Community Church and aired a radio show from Hollywood Baptist Church, both in North Amityville, guilty of forcible touching.[6][7][8]
In April 2022, actor Cuba Gooding pleaded guilty to forcibly touching a woman at a New York City nightclub in 2018.[9] He admitted in court that he "kissed the waitress on her lips" without consent at the LAVO New York nightclub.[9] He entered into a plea deal pursuant to which if he continues alcohol and behavior counseling for six months, he can withdraw his misdemeanor plea and plead guilty to a lesser violation of harassment.[10][11][9] If he does not comply with the deal, he faces up to one year in jail.[9]
In 2023, in the case of E. Jean Carroll v. Donald J. Trump, former US president Trump was charged with, among other things, forcible touching of Carroll.[12] The jury held Trump liable for the sexual abuse and defamation of Carroll, and awarded her $5 million.[12] However, since the jury found Trump had committed the greater offense of sexual abuse, it was not required to issue a separate finding on forcible touching.[13]
Elements
Forcible touching under the law includes "squeezing, grabbing, or pinching."[1]
It can be inferred from a defendant's conduct that he or she was seeking sexual gratification. People v. Fuller, 50 A.D.3d 1171, 1175 (N.Y. Sup. Ct. 2008).[14]
In People v Sene, 66 AD3d 427, 427-28 (1st Dept 2009), the court concluded that "under general societal norms, the neck qualifies as an intimate part because it is sufficiently personal or private that it would not be touched in the absence of a close relationship between the parties. Moreover, since 'intimacy is a function of behavior and not merely anatomy,' the manner and circumstances of the touching should also be considered...."[15]
Forcible touching typically involves unwanted sexual advances in public places, and is often difficult to prosecute.[3] In most forcible touching cases, there is not any irrefutable evidence, putting the weight of the prosecution on the accuser’s testimony.[3]
A prosecutor would seek to show that the complaining witness is credible.[3] One way prosecutors approach credibility to put a mother, sister or colleague who an assault victim might have confided in immediately after the incident on the stand, to illustrate to the jury that they have repeatedly told the same story.[3]
Penalty
It is a class A misdemeanor.[1][16][17] The maximum punishment for it is one year in prison, and up to three years probation.[14][18]
References
- ^ a b c d "2022 New York Laws :: PEN - Penal :: Part 3 - Specific Offenses :: Title H - Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation :: Article 130 - Sex Offenses :: 130.52 - Forcible Touching". Justia Law.
- ^ a b I Can Take it from Here; A Memoir of Trauma, Prison, and Self-Empowerment
- ^ a b c d e f g h i Ashford, Grace (December 1, 2021). "Why It Might Be Difficult to Convict Andrew Cuomo of Forcible Touching". The New York Times.
- ^ Unusual and Rare Psychological Disorders; A Handbook for Clinical Practice and Research
- ^ a b "Robinson pleads guilty to forcible touching charge". wwnytv. March 2, 2020.
- ^ "Jury finds NA church Elder guilty of forcible touching; case brought against him by Deer Park woman". Babylon Beacon.
- ^ "North Amityville minister charged with forcible touching". Amityville Record. January 2, 2019.
- ^ "People v Humphrey (Thomas)". Justia Law.
- ^ a b c d "Actor Cuba Gooding Jr. pleads guilty to forcibly touching woman at NY nightclub". USA TODAY.
- ^ "Cuba Gooding Jr. will face no jail time in forcible touching case". EW.com.
- ^ Moreau, Jordan (April 13, 2022). "Cuba Gooding Jr. Pleads Guilty to Forcible Touching".
- ^ a b Fadulu, Lola (May 9, 2023). "New York law gave jurors three types of battery to consider in the Trump case". The New York Times.
- ^ "Read the Completed Jury Verdict Form in the Trump-Carroll Case". The New York Times. May 9, 2023.
- ^ a b "Crime Definitions," RAINN.
- ^ "People v Sene (2009 NY Slip Op 07160)". nycourts.gov.
- ^ "Andrew Cuomo charged with forcible touching, a misdemeanor sex crime". NBC News. October 28, 2021.
- ^ Albert, Victoria (October 29, 2021). "Andrew Cuomo accused of forcible touching in criminal complaint - CBS News". CBS News.
- ^ "Former New York Gov. Andrew Cuomo accused of forcible touching in criminal complaint". WBAL. October 29, 2021.
Category:Crime in New York (state) Category:Crimes against women Category:New York (state) law Category:New York (state) statutes Category:Sex crimes Category:Sexual assaults in the United States Category:U.S. state criminal legislation Category:Violence against women in New York (state)