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  1. #1
    Join Date
    Sep 2015
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    2

    Default Can You Be Criminally Charged for Trying to Kiss Somebody

    My question involves criminal law for the state of: New York

    Long story short:

    A girl invited me over to hang out and I brought some drinks over. We are both over 21. So we have a few shots and get somewhat drunk, after some flirting I decide to go in for a kiss. She rejects and asks "What are you doing?" I say "Kissing you" she then says "why?" A bit more banter after that and I prompt leave.

    Prior to any sexual encounter I always put my phone on record (there is one party consent law in NY) to prevent any issues, so I have a brief 11 minute recording of the night prior to me attempting my kiss that basically recants the above.

    The next day, I get a text from her asking what was up with last night, etc... She then said that I must've misread her flirting.

    Can this be interpreted as sexual assault or battery in NY? I did not more than go in for the kiss - which didn't land and then promptly left (which can be heard on my phone on the recording.

    The reason for the question is that this girl can potentially be crazy enough to go to the cops. Also if she does claim rape, can my recording be used as alibi?

    TL/DR:
    Brought drinks over to her place, had some drinks. Mild flirting and I go in for kiss and got rejected. She isn't happy next day. Can I be in trouble?


    Thanks in advance guys!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Can You Be Criminally Charged for Trying to Kiss Somebody

    Nobody can tell you what the woman's story is going to be if she decides to report you to the police. But here's a tip: If you don't want to be accused of taking advantage of women after getting them drunk, stop thinking "My cell phone recordings will save me", and start thinking, "I'll wait until she sobers up before I make my move."

  3. #3

    Default Re: Can You Be Criminally Charged for Trying to Kiss Somebody

    Juries tend to feel that recording one's sexual encounters is done by "normal" people for "normal" reasons. The minute you spill that you're recording to rebutt a possible sex crime charge? Yeah, at that moment you stop being "normal" and become "abnormal". Juries really dislike abnormal in sex crimes cases. Take Mr. K's advice.

  4. #4
    Join Date
    Sep 2015
    Posts
    2

    Default Re: Can You Be Criminally Charged for Trying to Kiss Somebody

    Thanks for the replies everyone. But wouldn't this be up to the DA (if anything were to happen?) and once they hear the recording it would get thrown out?

    Also, would the following text convo from the day after get me off the hook if she were to go to cops/DA/whoever?

    Her: What was up with last night?
    Me: What?
    Her: Kiss??
    Me: Felt like a good idea with the alcohol and the flirting
    Her: Flirting?
    Me: Plenty of it
    Her: I suppose you misread
    Me: Apparently

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can You Be Criminally Charged for Trying to Kiss Somebody

    Until someone graduates from Mind-Reading school,, there is no point in trying to guess what any given DA would decide and what, if anything, would "get you off the hook" with them.

    The very fact that you thought it necessary to make a recording to "protect" you suggests that you knew, or at least suspected, that your advances were unwelcome. Or so the unbiased mind will wonder.

  6. #6

    Default Re: Can You Be Criminally Charged for Trying to Kiss Somebody

    The DA is ALSO likely to feel that someone who feels the need to secretly record their sexual escapades has some serious issues. Thinking of the DAs I've worked with, I'm going to be really blunt and tell you that any DA with experience is going to turn that recording against you. Maybe you have a DA in your area who would shrug it off. Maybe they're too busy hunting down a couple of dozen serial killers in your county and aren't prosecuting cases that don't involve a homicide (you don't want to live in places where that's happening, and yes, they exist). Unless you'd care to go down there and discuss it with them (always nice to establish pre-meditation). then your options are to (a) risk it, or (b) not risk it. You've gotten responses from an attorney and a person with substantial experience in sex crimes cases. We've advised you not to risk it. We could be wrong. Only one way to find out, if you're so inclined.

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