I’m not an attorney but I think misdemeanor sexual battery is the appropriate charge in this case. It would surprise anyone man, woman or donkey if this happened to them. I’m not sure how he can defend himself. He is on camera doing it and regardless of “why” he is guilty. I rather give a "heavy sigh’ to Gloria Allred getting involved. I think she is more interested in the spotlight than justice in this case. It just doesn’t rise to the level of needing a high powered attorney in my mind.
The reporter’s accusation was crystal clear, and the man did not deny it. This is the truth. The definitions don’t really matter.
Read her police report “smack and grab” — he goosed her. There is no time, or place for goosing a stranger (not ANYONE!). That IS sexual battery.
If my mother was alive I know she’d say “if he goosed me, that would be the very last thing he did with that (those) hand(s).”
Yeah, he did. He minimized under the most generous interpretation, flat out lied if you believe the reporter’s description (and what most of us would agree we saw on the video - him intentionally leaning down to position his hand, not something you do to smack someone shorter than you on the back.)
“I was getting ready to bring my hands up and wave to the camera to the audience, there was a misjudge in character and decision-making. I touched her back.”
Remember when Taylor Swift took on that ex-DJ guy? That was a good moment too.
Taylor Swift was pretty bad@ss on the stand. I was really impressed with how articulate, composed, and biting her testimony was. And she kicked the defendant’s lawyer in the teeth while up there too (metaphorically).
@Leigh22 I bet we could 
I don’t know anyone who rode the train a lot who doesn’t.
I am trying to think of a time someone stepped in to help me with that kind of thing and I can’t. I’ve been helped with other situations. And heck, the first subway groper I remember was when I was quite young and my mom called me away from him (I’d been in the front car looking out the window and he positioned himself behind me). She confronted people to right a wrong for me in other situations, I still wonder why she didn’t confront him then but rather just made me move back to the seat near her. Maybe my little siblings were there and she made the safer decision - avoid, not confront.
What was the running groper thinking? Is it just his nature to take a grab when he can and he didn’t think? This guy was some kind of teacher/works with kids right? Scary.
Yeah, and the DJ’s defense was very similar to Callaway’s defense in the situation we’re discussing here. After first claiming he didn’t touch her, the DJ mentioned that he might have accidentally brushed Taylor’s ribs during the chaos of the photo taking.
Both knew what they were doing and both were relying on the age old societal pressure on women to ignore harassment, to assume it was a mistake, to not make a scene.
The charge is right. And he should receive the appropriate sentence. And it does matter exactly what happened. This is the law.
he should not receive any sympathy nor excess punishment to make up for mankind’s prior past bad acts. He can’t be given a break and also not made an example or a scapegoat. It should be exactly what the judge and prosecutor believe after hearing from the young reporter.
Also. If he goosed her or anything beyond the football player backside slap, it’s worse. It should be an elevated charge.
As it was a sporting event and in the moment, I would have some level of leniency that he got caught up in moment versus the subway gropers mentioned earlier. Also his previous history should be part of this like any sentencing or plea.
If it was that type of same thing you would do to a teammate etc. that’s the clear sexual battery. If it was groping or goosing or cupping. Whatever with the more sexual intent. I would move up to sexual assault.
Because it’s fine to sexually batter strangers if you’re excited about sports? Because it’s fine to sexually batter strangers if you’re participating in sports? Huh? What exactly is the sporting event related defense here?
Wow, if ever there were a justification for eliminating sports in high schools and college, that would be it. It’s not bad enough that the big revenue sports give kids brain injuries. It’s not bad enough that we spend a huge amount of money on something that’s not related to academics or even health. It’s not bad enough that college admissions prioritizes sports over academics. It’s bad enough that high schools and colleges have protected players that sexually and/or physically assault their spouses and girlfriends. But if we’re now at the point where we openly admit that being caught up in sports justifies a person sexually assaulting a stranger, it is time to pull the plug.
As for the idea that this was something you do to a teammate, first off they weren’t teammates. Second off, even if they were, that is questionable behavior. I participate in a sport that’s mostly men. I’ve been slapped on the butt exactly once. And that was a simple slap like football players give, not a grope like the reporter describes. It wasn’t OK, we had a discussion and it hasn’t happened again. Simply participating in a sport does not mean you’re OK with being groped or slapped.
I thought about the athletic (male, mostly) butt slap too. But yeah - she’s not his teammate so whatever we think about the appropriateness of that, it’s irrelevant.
@milee30 did you read the post or just trying to start an argument for no reason.
I said it was clear sexual battery as described In reports as a smack of the rear. And he should be punished for this as such. He’s an idiot and could use a bit of a smack himself in my old neighborhood. Leave your hands to yourself. No explanation. I was talking about the level of the charge seems right. Sexual battery.
I then said if it was anything more directed than that it should be an elevated charge to a more serious felony level.
No one is supporting anything as you suggest and quoting portions of a post to make an inaccurate point is gaslighting.
I was trying to draw the distinction in 20 words or less. Grabbing someone’s arm and stabbing that arm are both wrong. Not the same charge.
He’s a wrong and should be punished. He also not Jeffrey Dahmler from reporting thus far. Its just when we start making those lines blur it becomes less helpful to all.
I did read your post and am reacting to the part where you think this guy should be given some leniency about being caught up in the moment of a sporting event. You wrote it and I’m directly questioning what you wrote. Care to defend or explain that particular portion of the analysis? Why again should being caught up in the moment of a sporting event be a reason for leniency or a factor in determining guilt or punishment?
The inference is that your claim is that the fact that this happened in a sporting event somehow mitigates the behavior. I don’t think it’s even relevant, but am interested to understand why you think it is.
I was saying if the facts lead it to be less sexual in nature than groping it should be the battery charge. it’s the charge the people on the ground have made who have talked to the victim. If it was more than that in any way then it’s sexual assault. A more serious charge.
There are degrees of things, even abhorrent things like murder and manslaughter. It’s not all the same though the results are in the end. It’s how the law works.
So to answer - The leniency is in the charge. Not the outcome or sentencing phase.
Also not to be confused with being more understanding or forgiving.
I also didn’t say anything. I wrote it. And in that context and this format it’s inherently imperfect.
Then I believe I understand your point but still disagree. I do not believe a bystander or even a participant in a sporting event should expect that being sexually battered is a reasonable or acceptable outcome, even if the participants are caught up in the moment. And if any DA or judge in our area were to express the idea that the fact that this happened at a sporting event somehow mitigates the seriousness of it. that this was less of a crime or should be taken less seriously, I would vocally express my displeasure as a voter and citizen.
The only way I could possibly see that this happened at a sporting event might remotely be relevant is if there was no intent at all. For example, if the reporter was standing on the sidelines and an athlete tripped and fell onto the reporter and grabbed her on the way down or landed on top of her, I agree there was no intent and that should be a factor. Otherwise, I don’t think it’s relevant at all that this happened at a sports event.
I hear what you are saying and it was just an example to illustrate the nature of the touching. Many of us have experienced one and not the other.
Both are bad. And once again, the judge or the da wouldn’t be using this at sentencing, it was only in discussing which charge to use.
And I will 100% retract “leniency” as a bad word choice on my part.
It was just a quick post on the subject at hand.
It would be better to have chosen that it would be a mitigating factor in the charging decision to me and was trying to describe someone’s state of mind potentially. It’s involved in many criminal cases.
But once again. Not to condone or understand. That wasn’t the point.
Maybe clearer to frame the situation from this perspective. For those of us who have experienced the horror of a true deviant with malicious intentions, either as a victim or in proximity, we know the emotions and creepiness such a person invokes.
Is this runner one of those people? Unless more information comes out, we won’t know. The judge won’t know. In that case, he/she would have no choice but to punish to a “lesser” extent.
The real question is why a man facing a charge (had not yet been filed, but could certainly have been anticipated) and who already had an attorney, appearing on “Inside Edition” and admitting that he did what he was accused of doing?
How much is he paying this attorney to give him bad advice “sure, go on TV and admit that you did it but say you kinda didn’t mean to and would have been sorry if you had seen her face”, and to confirm that he in fact did the thing he was accused of but offer the excuse(?) that it was “out of character”
I don’t doubt that this guy got caught up in the moment and in his own mind thought he was being only slightly mischievous to give the live on air reporter a quick smack on the rear end (also commonly referred to as backside), in passing. I have no doubt it was intentionally placed. It’s also possible, but mostly irrelevant, that the momentum caused him to hit a bit harder than intended. Of course, it isn’t at all funny now and never was.
On top of this, anyone who makes their living in the media today has real fears about being targeted and attacked, no thanks to you know who. You can tell just how unnerved and scared the reporter was in that moment. If he really is remorseful, and he certainly is now, hopefully he’s learned his lesson for good. I hope it will cause others to think twice as well.
I completely understand the point you were trying to make @privatebanker and that you weren’t making an excuse for the guy. I didn’t see your comment as inviting yet another opportunity to slam athletics and call for their banning, but others did, apparently. I also see the distinction between this runner/youth minister running by and trying to be cute (huge error in judgement) and someone deliberately creeping on passengers on a train or subway. Neither are OK, but there is a difference in my mind.