13-Year-Old Boy Who Kissed a Girl on a Dare, Charged with Assault

Of course, any individual can consider it to be anything they want.

However, in the judicial system there is no "considering." It either meets the elements of rape or it doesn't. This doesn't.

A state prosecutor would not and technically could not (because all of the elements of the crime are not there) charge this kid with rape.

Just to add, a 45 year old man forcibly kissing a 13 year old girl on her mouth wouldn't be rape either. Disgusting, but not rape in the eyes of the law.

a reply to: TorqueyThePig

Sexual assault is any involuntary sexual act in which a person is coerced or physically forced to engage against their will, or any non-consensual sexual touching of a person. Sexual assault is a form of sexual violence, and it includes rape (such as forced vaginal, anal or oral penetration or drug facilitated sexual assault), groping, forced kissing, child sexual abuse, or the torture of the person in a sexual manner.
en.wikipedia.org...

WHAT IS SEXUAL ASSAULT?
Sexual assault is any unwanted sexual contact, including unwanted intercourse (rape), unwanted touching, and unwanted kissing. It is a crime of violence, power and control in which sex is used as the weapon. Sexual assault can take the form of rape, child molestation, incest or sexual harassment.
www.wrcnrv.org...

Sexual assault may range in severity from forced kissing to the brutal torture of a victim in a sexual context.

Sexual battery: The lawful provisions that define sexual battery and how it differentiates from forcible rape.
What Men Should Know About Sexual Battery (PDF): The San Diego Police Department shares examples of sexual violations where men neglected to take control of their actions before it spiraled out of control.
Sexual Battery Statutes (PDF): A comprehensive document that lists and defines numerous sexual battery statutes.
Fact Sheet- Sexual Battery (PDF): A fact sheet that explains the pertinent facts related to the offense known as sexual battery, the involuntary act of fondling, kissing, touching, or penetrating with a foreign object.
www.lacriminaldefensepartners.com...

Examples of Sexual Abuse
• Tongue-kissing or kissing in a sexual way
• Fondling a child’s intimate parts (breasts, buttocks, or genitals)
• Perpetrator rubbing intimate parts against a child’s body or clothing
• Oral-genital or oral-breast contact
• Digital or object penetration (inserting fingers or objects into a child’s anus or vagina)
• Intercourse
www.nasponline.org...

a reply to: windword

You've definitely posted some good information, and I can understand how somebody could view a forced kiss as sexual in nature.

However, I still have never seen the act of forcibly kissing someone listed in any state rape statute.

This happened in Maryland.
statelaws.findlaw.com...

Rape
First Degree – engaging in sexual intercourse with another without his or her consent by force, using weapons, strangling or inflicting serious physical injury, threatening with death, serious injury, or kidnapping, or committed with another’s help or during a burglary
Second Degree – engaging in vaginal intercourse with another 1) without his or her consent by force or threat, 2) with a mentally or physically incapacitated person (includes drunk, high, or unconscious) when the defendant knows of his or her condition, or 3) the victim is under 14 years old and the defendant is at least 4 years older than the victim
Sexual Offense
First Degree – engaging in a sexual act (oral or anal sex, or any object or part of one’s body penetrates the genitals or anus for sexual gratification, but not vaginal intercourse – that’s above in rape) by force, threat, or without consent while displaying a weapon, suffocating or physically injuring the victim, or threatening the victim with death, disfigurement, or serious physical injury, or committed with another’s help or during a burglary
Second Degree – engaging in a sexual act with another by 1) force or without his or her consent, 2) with a mentally or physically incapacitated person (includes drunk, high, or unconscious) when the defendant should know of his or her condition, or 3) the victim is under 14 and the defendant is at least 4 years older than the victim
Third Degree – includes any of the following:
engaging in sexual contact (intentionally touching the victim’s or defendant’s genital, anal, or other private parts for sexual gratification or abuse of either person) in any of the following situations:
Without consent while using a weapon, strangling or seriously injuring the victim, threatening the victim with death, serious injury, or kidnapping, or committed with another’s help OR
The victim is mentally or physically incapacitated (drunk or unconscious for example) and the defendant knows of his or her condition
The victim is under 14 years old and the defendant is at least 4 years older
Engaging in a sexual act (i.e. oral or anal sex) or vaginal sex with a 14 or 15 year old victim by a 21 year old or older defendant, AKA statutory rape
Fourth Degree – any of the following:
Engaging in sexual contact without the other’s consent
Engaging in a sexual act or vaginal sex with a 14 or 15 year old when the defendant is at least 4 years older
Engaging in a sexual act, sexual contact, or vaginal sex with a child under 18 who at the time of the sexual activity was a student enrolled in a school where the person was in a position of authority (i.e. a principal, coach, teacher, or counselor who’s at least 21 years old, employed by the school, and was in a supervisory position over the student)

Kissing isn't mentioned.

a reply to: Aazadan

§3–602. Sexual abuse of a minor
(a) (1) In this section the following words have the meanings indicated.
(2) “Family member” has the meaning stated in § 3-601 of this subtitle.
(3) “Household member” has the meaning stated in § 3-601 of this subtitle.
(4) (i) “Sexual abuse” means an act that involves sexual molestation or exploitation of a minor, whether physical injuries are sustained or not.
(ii) “Sexual abuse” includes:
1. incest;
2. rape;
3. sexual offense in any degree;
4. sodomy; and
5. unnatural or perverted sexual practices.

Mayland Registrable Sexual Crimes

I don't think that this case necessarily warrants the charge of "Sexual Assault". I DO thinks the charges are up the District Attorney, and are decided on a case by case bases. But, I also think that there are times when forced French kissing could be seen as "Sexual Assault".

a reply to: windword

What you bolded "Sexual offense in any degree", my prior post lists the states definitions for rape and sexual offense. Kissing is not considered a sexual offense in Maryland.

To sum it up, in Maryland a sexual offense needs to involve someones genitals.

a reply to: Aazadan

I disagree with your interpretation of that statute. I believe that the statute reads broadly on purpose. A grown man, or woman, grabbing, groping, kissing and forcefully shoving his/her tongue down a minors throat is sexual in nature and is certainly "molestation".

But, I'm happy to agree to disagree.

originally posted by: Krakatoa

originally posted by: sdcigarpig
a reply to: Spacespider
Based on the article, the boy could have been charged with worse. The reality is that he did lay hand on the girl first, pulled her to him and then forced a kiss on her. That by its very nature and legal definition is the following: Assault and Battery, along with Rape.

Yes, but to arrest him at that age just ruined the rest of his life. He will now have a criminal record...

Not the way it works...
It is only a 2nd degree misdemeanor assault charge. And juveniles get that stuff automatically wiped clean after a couple of years...hell, most adults get stuff like that expunged from the record.

I had few things easily dropped from my record when I turned 18.

I am on the fence about that "kiss on dare" thing. We used to play that in grade school and it was pecks on the cheek.

In this case it was 13 year old boy who grabbed a girls shirt, took her by force and stuck his tongue in her mouth.

Not quite the same innocent vibe as a surprise peck IMO.

I do think he needs some consequence to be taught that force is not OK to get what you want from girls and women.