We are a commune of inquiring, skeptical, politically centrist, capitalist, anglophile, traditionalist New England Yankee humans, humanoids, and animals with many interests beyond and above politics. Each of us has had a high-school education (or GED), but all had ADD so didn't pay attention very well, especially the dogs. Each one of us does "try my best to be just like I am," and none of us enjoys working for others, including for Maggie, from whom we receive neither a nickel nor a dime. Freedom from nags, cranks, government, do-gooders, control-freaks and idiots is all that we ask for.
If touching is assault then I have been assaulted by hundreds of women who have amiably touched my arm in conversation, and hundreds of men who have given me pats on the back. On a few occasions I have even had the experience of women tentatively touching me under the table and, for a guy, that is difficult to resist but it is not sexual assault.
Rape is violent, forceful assault with sexual intent. It is a felony. It is not equivalent to hand-holding, to a touch, or to a try for a good-night kiss on the porch. Equating normal social behavior with assault can only trivialize the reality of true assault.
I wouldn't sweat too much over it, I doubt even prosecutors would like the proposed law. its probably unconstitutional because of the way it shifts the burden of producing evidence and the way it shifts the burden of proof to the accused. anyway, the ALI members (working professionals and, unfortunately, law professors) are against it, and there's a long way to go before any of it gets up to a vote in any of the state legislatures.
the existing CA law applying to colleges is really inane, but CA seems to exist in its own fantasyland.
Donny "The Bear Jew" Donowitz
Sadly, this will very probably become law, with the subsequent demonization and criminilazation of young men.
Both young men and women need to know that "no is no". However, both sides need to have some "rules of engagement", so to speak. F*cking a co-ed who is blotto is definitely not on (do have trouble understanding how a real man would be interested in this form of sex) ; however, any co-ed who gets blotto without aid of "date-rape"drugs needs to realize she is presenting an "I'm blotto so have at me" image, and should not be overly surprised when the males around her respond tot implied invitation.
On the other hand, regret after the night before does NOT constitute rape: young woman, it just means you made a seriously unwise decision last night; admit same and get on with your life.
Assalt is the fear of an offensive, unwanted touching. Battery is the offensive, unwanted touching. Obviously not everyone that assaults or batters is charged (think brothers and sisters sharing a seat in the car).
(1) An actor is subject to liability to another for assault if
(a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and
(b) the other is thereby put in such imminent apprehension.
(2) An action which is not done with the intention stated in Subsection (1,a) does not make the actor liable to the other for an apprehension caused thereby although the act involves
an unreasonable risk of causing it and, therefore, would be negligent or reckless if the risk threatened bodily harm.
Donny "The Bear Jew" Donowitz
Your post is just more slices of detail but Assault is still the fear or apprehension of the unwanted offensive or harmful act. So what's your point?
When I was studying Law I do recall that some things were defined as dependent upon the reasonable judgement of a reasonable person. I don't think anyone thought there could be a massive failure of common ability to be reasonable or to reason. We live in interesting times.