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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2868
Experience:  30 years of experience
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How do you define molestation in? no, I 't have any money at

Customer Question

how do you define sexual molestation in virginia?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please give me a bit more information, so we can help you best.
Customer: I don't have any money at the moment
JA: Is there anything else the Lawyer should be aware of?
Customer: this is situation that occurred in 2001, where my father refused to leave my medical examination room, while I was being disrobed for a chest exam in the hospital after a car accident. Despite my pleas for him to leave, he continued to stay and stare at my breasts, while the medical examiners continued to disrobe me. I was 23 years old at the time.
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Customer: There are other incidents in subsequent years in which he brutally pushed me in the ground, exerted himself on top of my body, hit my face and top body while his sexual organs jammed into my body, but not in a penetratvie way.
Submitted: 8 months ago.
Category: Legal
Expert:  Gerald, Esq replied 8 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You father is physically assaulting you and may be sexually assaulting you. These are criminal acts and you can certainly brong criminal charges against him. To do so you need to make an appointment with the sex crimes detectives an make a formal written complaint. Do not make the complaint woth the patrol officers or the desk seargent. Insist on meeting with the detectives.

You can also file a protection from abuse and no contact order in court against your father.

As to your direct question, the legal definition of sexula molestation differs state to state, but consistently applies to situations pertaining to minor children being assaulted by adults.

Your situation is more appropriately defined as an assault. In regard to that it is not necessary for you to exactly identify which specific criminal code has been violated. That is the responsibility of law enforcement and the prosecutor.

However, in response to your question the Department of Justice defines sexual assault as follows:

"Sexual assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape."

The forced touching falls within the defintion of fondling. Even without the sexual component there is clearly an unlawful physical assault.

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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