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Old 12-05-2008, 01:50 PM   #105 (permalink)
Strange Famous
follower of the child's crusade?
 
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Originally Posted by guccilvr View Post
no body is talking about erections or such. the simple black and white.. and COMMON SENSE factors in this case are as follows:
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Spitting water in the face-- not an assault but, a very offensive thing to do especially to someone who cannot defend themselves.
Not a crime. A disciplinary matter at work at most.

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Lying in bed with a resident--again not an assault, but something that probably isn't in the job description.
Not a crime and utterly harmless

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Touching a resident on the buttocks-simple assault and sexual harassment. Unless the patient explicitly asked for a touch on the buttocks then it is sexual harassment. Plain and clearly simple.
Harmless, and at worst a misjudgment. The buttocks are of course not a sexual region with regards to the male - so there is hardly even a sexual connotation to this action. It is nothing more than horseplay which did not harm or demean the resident in any way - as he was a male.


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Insertion of finger into rectum--sexual assault and sexual harassment. If the action was not consented to or done for a purely medical reason, it's a form of rape. Plain and clearly simple.
The only action in this whole case which could be considered criminal assault (I would call this possibly sexually aggrivated assault rather than anything such as rape - which it self evidentally is not. A woman, biologically, cannot rape a man - because she does not have a penis) But the key question here is the context. Did the man object? Did he complain or feel he was violated? As I stated earlier, do we believe that even a very old man could be so overpowered by a 110 lbs 19 year old girl that his trousers and underpants could be removed against his will and she do this? I put it to you that they were in a situation (however bizzare and inappropriate) when he had willingly removed his clothing and allowed her to place her hand at least in this region.



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Antagonizing a resident-- until I know the expansion of the antagonizing I can't comment on this one.
ie - having an argument with a resident. I am sure that this happens every day in every care home, not a criminal or disiciplinary matter in any way.

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Humping a resident-- now I'm assuming this is for all intensive purposes dry humping or humping such as a dog would do. --assault of a very demeaning nature (much more demeaning than calling them children) and again sexual harassment. Unless the person said "hey cutie, come hump my leg like a dog"
Again, over excited horseplay. Maybe a disciplinary offence but hardly a crime in relation to a woman dry humping a man. Women may "grind" against men in dance clubs every night in towns and cities across the world - do you propose rounding them all up and charging them with sexual harrassment?

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Putting a hand over a residents mouth in order to get the patient to scream-- assault and if you have a good lawyer.. you could pull an attempted murder charge off of this.
A disciplinary offence, if it happened as reported, hardly a criminal matter. I think we have to consider the possibility that the hand over mouth was to stifle a cry of another kind. The girls after all did not hold the man hostage 24/7 - if he had wanted to cry for help he simply would have called for help the minute she took her hand away.
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