Hi pwilley, I know that if you consult an expert about molestation,rape,etc..
They will explain the difference between submition & consent..There are many reasons that a victom would "submit" to something that they are not "freely & willing" to do ... possibly to prevent further harm/punishment.
He was agreesive & inappropriate towards her,, She may have placated as she could not get away & did not want to make the situation worse
She does not have to scream or run, in fact that may be the wrong/worst thing to do in that situation..
My friend got arrested for doing a sensual massage. She got a copy of the report and the cop that pretended to be her client said on his report when he asked her does she do a happy ending massage and wrote down that she said it was included in the $120 fee and then he said in his report that he asked her is it extra money for a happy ending? And then he wrote that she said no it's included in the fee and that's when he gave a call to backup and they came in to arrest her. This conversation never happened and the cop lied and said it did. Well she went to meet with her lawyer and listend to the CD and this was never said. The only time they talked about price is when he came into her place and she said the fee was for a nude therapeutic/sensual massage but never said the fee was ever for a happy ending. She also said that cop put down on his report that she touch his genitals but he quickly stopped her but he really allowed her to do it for a good 3 minutes before telling her not yet I don't want to release too soon. So with him lying on the report shouldn't this case be dismissed? The arrest was for agreeing to do a sex act for money meaning he said he had a reason to have her arrested because he said she agreed to do a happy ending massage which is a lie. The arresting charge wasn't doing a sex act for money. Any lawyers want to chime in? Also that cop left out of his report that he molested her body while getting a massage for 50 minutes. Thank god it was taped or I don't thing anyone would believe she never said those things.Because of hearing stories like this makes me not trust cops.
It's hard to give you a reliable answer since I don't know what jurisdiction you're in. I'll do the best I can.
Generally, police misconduct must be truly outrageous before it will justify dismissing a case. I'm not going to condone what the cop did, but it doesn't even approach the level of misconduct that would justify a dismissal.
Turning to the facts of the case, there are multiple ways to agree to something. Your friend may not have agreed verbally, but the fact that she took the officer's money and subsequently massaged his genitals amounts to an agreement by conduct. She may be able to argue that it didn't, but there's enough here to bring the case to trial in any jurisdiction I'm familiar with.
You need to put that on the black list it is called http://providerbuzz.com it bull crap the LE get away with that crap. What state did it happen in and you can rate LE there is a site.
I think his misstatements will not matter. She took moeny & touched him sexually... he let her do it several minutes to prove it was not accidental. He cleverly asked if HE was extra, by saying HE was included in the fee, she agreed to HE for money.
A lot will depend on the text of the statute in your jurisdiction but I think he's got her. The job of her attorney is is to get the best possible outcome. I don't think you can expect to win this one... skb
I'm probably wrong about this, but I don't think there is any case where a "nude" massage would be considered your normal legally sanctioned massage. While the CD may not reveal the alleged conversation by the officer, it was probably said in a voice too low to hear. At least that will be the officers position. Her actions certainly seem to support the allegation of the officer. The molestation allegation would probably never be brought up by her attorney because the audio evidence doesn't reflect any outrage from her when she was "molestated". I mean, if she was molestated, why isn't there any screaming on the audio? Why wasn't the session immediately ended when this occurred? If its smells like a duck, quaks like a duck, ....
Hi pwilley, I know that if you consult an expert about molestation,rape,etc..
They will explain the difference between submition & consent..There are many reasons that a victom would "submit" to something that they are not "freely & willing" to do ... possibly to prevent further harm/punishment.
He was agreesive & inappropriate towards her,, She may have placated as she could not get away & did not want to make the situation worse
She does not have to scream or run, in fact that may be the wrong/worst thing to do in that situation..
As I have said before, if I have learned anything from this forum, it's this:
1. The cops can only arrest you for two things: anything and everything. Basically, if you cross paths with them your fate is in their hands. 2. The cops will lie to make their case. 3. No judge will give you the benefit of any doubt.
There may be some very rare exceptions (none that I've found), but the info above is all you need to know about the law.
It has been my experience eversince Dick Nixon that public officials can lie with the best of us. Don't believe anything that is not backed up with Hard evidence!
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