Thursday, May 19, 2005

Attention Ladies ! Cover Your Ass While in Manhattan.

While in Manhattan the hand that strokes your buttocks, may not be guilty of a crime. That is according to a ruling handed down by Criminal Court Judge Richard Weinberg, reported in Wednesday's New York Law Journal.

The law in question is known as the Sexual Assult Reform Act, also know as the "forcible touching law" which was enacted after numerous women were groped, assaulted and stripped of their clothing during the 2000 National Puerto Rican Day Parade in Centeral Park. Since then it is now a misdemeanor for a male to place his hands on a female in a "forcible manner."

On Nov. 2, 2004 "election day" an incident happened where this law will get to be tested. On that day it was said that Mohammed Nuruzzaman, 35 an employee of a W. 40th St. fabric store approached a woman whom was not named and "placed his hand on and patted her buttocks." The compaintant then moved away where she was once again aproched by Nuruzzaman where he placed his hand apon her backside once again. This got Mohammed a charge of "forcible touching", also third-degree sexual abuse, and second-degree harassment. It was not known if any of the two had voted, or how many times.

Now in May of 2005 Judge Richard Weinberg makes his ruling first the charge of "forcible touching." DISMISSED !
Since the forcible law uses "squeezing, grabbing or pinching" to illistrate the kind of sexual contact that is probhibited, anything less won't make it as a violation of the statute. "something more than mere touching is required"

Citing the New Oxford Dictionary of English, he said that squeezing is to "firmly press from opposite or all sides", to grab is to "grasp or seize suddenly or roughly", to pinch is to "grip tightly and sharply between finger and thumb."

But patting which was what Mohammed was accused of, the judge had this to say. Patting means to "touch quickly and gently with the flat of the hand", or stroke gently to "soothe, caress or show approval," said judge Weinberg. So I guess according to the judge, Mohammed was just trying to apply his seal of approval on the buttocks of his customer.

As for the charge third-degree sexual abuse: DISMISSED !
The reasoning is as follows; "The...statute requires sexual contact for the purpose of gratifying sexual desire, a purpose not alleged," says the judge.

But all is not lost yet, Nuruzzaman still faces count three the "seccond-degree harassment charges." So the bottom line still remains beware of fingers on your fanny when shoppin in Manhattan. For as long as those fingers just go for a gentle walkin, you won't have much of a case for the perp's face.