What is the name of your state? nc This was an attempted sexual assualt that got botched when the perpetrator was stabbed by my daughters boyfriend, as this guy was on top of her,which was charged with the stabbing:that part of the case has been tried and dismissed by the DA's office. My question is, how can she be refused the right to take a charge of assult on this guy in the beginning? She was grabbed from behind (by her hair) thrown down to the ground, as he attempted to pull her clothes off, the boyfriend begin stabbing him to make him let go. The pulling of her hair, in itself, was an assult.