Quote:
Originally posted by GeekyPenguin
Touching certainly can constitute sexual assault. Between 7 and 14 kids may be able to be held liable for their actions. Without knowing the facts I can't say more, but I do think there's no reason to think there isn't a chance she wasn't sexually assualted.
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Touching
might constitute sexual assault
ifthe touching is sexual in nature
and depending on the local law. The report gives no details as to the nature of what was happening other than that the boys were huddled around the girl and that "touching" was involved. So leaving aside the question of whether boys 6-8 can have the requisite
mens rea for sexualized touching, there is nothing in the report that could tell us one way or another what actually happened or if it would fit a definition of sexual assault.
That said, the website of the Missouri General Assembly has Missouri statutes, and according to it,
Missouri Revised Statute 566-040 says "A person commits the crime of sexual assault if he has sexual intercourse with another person knowing that he does so without that person's consent." The entire chapter on sexual offenses can be seen
here -- I'm not seeing anything that would make mere touching constitute sexual assault in Missouri, but admittedly I may not be looking in the right places.
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