I’m really want to understand your reaction to this new story, so I hope you’ll bear with me and answer a couple of questions.
In the photo above, Ms. Tweeden* wrote that she was wearing a kevlar flak jacket and slept through the entire incident. Franken has his hands almost hovering over the vest and doesn’t seem to be applying any pressure.
To understand the nature of Franken’s actions, I first researched kevlar vests. A military grade flak jacket has to stop armor piercing bullets, and has a thickness of 20 mm, which is .787 inches.
Then, I just conducted a test on my wife, using an Amazon box made of 1/8" thick cardboard. I groped her breasts in the same manner as the photo through the cardboard and asked he what she felt. She replied, “nothing.” (Could this be why Tweeden never woke up?)
When I explained what had happened with Al Franken, she said it was stupid but not sexual assault. She also asked why the nation is not pursuing action against Donald Trump, who has been accused of rape by three different women.
According to the DOJ, sexual assault is
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.
According to Jennifer Gentile Long, CEO of AEquitas: The Prosecutors’ Resource on Violence Against Women, sexual assault falls into one of three categories:
- Penetration crimes: of a body part by another body part (i.e., penal penetration of mouth, anus, vagina); or of a body part by an object
- Contact with genitalia, breast, buttocks, or other intimate body parts
- Exposure of genitalia, breast, buttocks or other intimate body parts
According to Emily Austin, director of advocacy services for California Coalition Against Sexual Assault
“sexual harassment can include sexual assault (such as rape and/or grabbing), but it’s also broader. Sexual harassment “includes creating a hostile environment, pervasive jokes/comments, looks, and body language that makes an individual feel harassed,” she says. But, again, the exact definition can vary by state.”
With regard to the rehearsal kiss on the mouth, here’s the only response I found from a criminal lawyer:
Criminal sexual contact is legally defined as “intentional, non-consensual touching by the victim or actor, either directly or through clothing, of a victim’s or actor’s sexual organs, genital area, anal area, inner thigh, groin, buttock or breast, for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor,” (NJSA 2C:14–3).
Basically, to be sexual, the touching has to occur at an “erogenous” zone, meaning one that can give/stimulate pleasure. This is common to all states and is not an erroneous definition; a kiss is not going to be considered “sexual contact” in any state as far as I know.
My first question is are you equating the actions of Bill Cosby, Harvey Weinstein, Donald Trump, and Roy Moore with those of Louie CK and Al Franken. The first group of cases are defined by law as sexual assault, while the second group would be defined as sexual harassment.
My second question is do you want Franken to resign? And if so, why you would attack one of the few allies women have in the Senate against a Republican party whose main goal is to take away women’s health care resources, the right to choose, deny the right to equal pay, and a wide range of issues that will negatively impact the vast majority of women (and men) in this country?
