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sexual battery

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slc75

Junior Member
What is the name of your state? TN.


I went to a car dealership to look for a car. I found one that I was interested in and so the salesman inquired that we take it for a test drive. During the test drive, he led me to an unfamiliar neighborhood and then forcefully demanded that I pull over to the side of the road stating that I look like I needed a hug. Feeling very uncomfortable, I ignored him. I kept driving trying to keep ignoring him and he noticed someone standing outside so he stated again for me to pull over to another location further up the road. I pulled over, keeping my foot on the break, and he took the gear and put the car in park, reached over me, and took my seatbelt off. Then, he stated..."give me a hug". Scared for my life, not knowing what to do, I leaned back with hesitation. Then he demanded again, "hug me", so I leaned in to him, he put his arms around me, kissed me on my jaw, then kissed the corner of my mouth, then took his hand turning my face towards his, with me trying to turn it away, he pulled my face around towards his so that he could kiss me in my mouth. Afterwards, still holding me, he asked, "now, don't you feel better"? I didn't respond, I turned to put the car in drive, and he turned my face again, and said, "everything is going to be ok"! His employers were notified, but refused to repramend him......what is it that I can do about this?
 


slc75

Junior Member
reply to somnabulist univ.....sexual battery

I talked to one policeman today and he told me that he went down to the person's job that did this to me. He stated that he spoke to him about my complaint and that he did not deny what I stated that he did, but he stated to the police that it was consentual-he said I didn't say no......I did not know where he'd taken me....and didn't know him from adam, and I feared for my life, not knowing what he was going to do to me or even what his intentions were. The police also told me that it wouldn't be a sex offense b/c all that he did was kissed me....like that wasn't anything**************where or what and even how do I fight this? I can't even explain how I feel right now b/c of what he did to me, and the fact that he will probably get away with it and do it to someone else! I did file a police report and have to go and write a statement...Do I have a case or is it minor like one of the officers is trying to make me believe? Also, is it wise for me to put this on the news? Help!!!
 

CdwJava

Senior Member
Unfortunately, stealing a kiss might not be the biggest crime on the block. I suppose they could try to make a case for false imprisonment, but that will come down to your word against his - most DA's don't like those kinds of cases.

Certainly, you CAN go to the news, but I doubt anyone in the media is going to want to go forward with an issue that could leave them open to a libel suit.

- Carl
 

JETX

Senior Member
slc75 said:
I talked to one policeman today and he told me that he went down to the person's job that did this to me. He stated that he spoke to him about my complaint and that he did not deny what I stated that he did, but he stated to the police that it was consentual-he said I didn't say no
And therein lies your problem with this... in proving that what you say happened, happened.

Here is the Tennessee statute that would likely apply:
39-13-101. Assault.
(a) A person commits assault who:
(1) Intentionally, knowingly or recklessly causes bodily injury to another;
(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.


However this does NOT rise to the level of 'sexual contact':
39-13-501. Definitions.
As used in §§ 39-13-501 - 39-13-511, except as specifically provided in § 39-13-505, unless the context otherwise requires:
6) "Sexual contact" includes the intentional touching of the victim's, the defendant's, or any other person's intimate parts, or the intentional touching of the clothing covering the immediate area of the victim's, the defendant's, or any other person's intimate parts, if that intentional touching can be reasonably construed as being for the purpose of sexual arousal or gratification;


Do I have a case or is it minor like one of the officers is trying to make me believe?
In my opinion, you MIGHT have a case... but a very weak one that is simply not worth the time and ordeal it will cause.

If you really want to take some action, arrange a meeting with the OWNER of the dealership and let them know how upset you are... and that you are considering taking this story to the local media so that others will be warned of the 'experience' of that dealership. Very likely that the owner will take some action to remove the issue rather than to face potentially damaging publicity.
 

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