I think that the key to the whole thing is this:
Quote:
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Originally Posted by from the article
"It's like a handshake we do," one girl said, according to the police report.
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If I'd been the DA looking at this, I would have a very hard time getting past this kind of statement. If I were on the jury and heard that testimony, I'd have a hard time convicting since it raises a reasonable doubt in my mind as to whether or not the slapping was sexual in nature.
For the record, I'm guilty of this too, as are a whole lot of male athletes. When I was racing and would pass a teammate, I'd usually pat them on the butt as a way of nonverbally communicating "pick up the pace and stick with me".
Criminalizing this is moronic. Glad they've solved all the other problems at that school.