Is this sexual assault?

Discussion in 'Women's Rights' started by Maquiscat, Aug 12, 2017.

  1. Maquiscat

    Maquiscat Well-Known Member

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    ok, this is another one of my hypotheticals. To my knowledge this has never happened. I just make weird connections at times. Do keep in mind when considering this that there is no contention about the situation being an assault of some type. But there is a difference between assault and sexual assault.

    A doctor (could be either male or female. Doesn't make a difference) has a woman under anesthesia. They take a syringe with a sufficiently long enough needle and inserts it through the abdomen into the uterus, thus bypassing the vagina, and injects semen into the woman. Pregnancy may or may not result, not important, at least as far as the question at hand is concerned. Has the doctor committed sexual assault or just general assault?
     
    Last edited: Aug 12, 2017
  2. HonestJoe

    HonestJoe Well-Known Member Past Donor

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    While the definition of sexual assault can be a little fuzzy (which I suspect you're getting at) and will vary by jurisdiction, I can't see the scenario you described falling in to it. The doctor in question could probably face a range of charges, including some form of assault and also in the medical malpractice aspect too.
     
    Last edited: Aug 12, 2017
  3. Ritter

    Ritter Well-Known Member

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    If the procedure was medically necessary it is not to be seen as any form of assault at all. If the doctor did it against her will and/or without any medical reason, then the doctor has committed more than just one crime.
     
  4. tecoyah

    tecoyah Well-Known Member Past Donor

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    No, as there was nothing sexual involved....definitely assault at the minimum.
     
  5. Renee

    Renee Well-Known Member

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    If it was against her will..otherwise it's a medical procedure she consented to
     
  6. Maquiscat

    Maquiscat Well-Known Member

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    I think I did miss putting it the OP that the procedure was against the patient 's will. The main question is, is this sexual assault, or just assault?
     
  7. Andrew Jackson

    Andrew Jackson Well-Known Member

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    General assault.
     
  8. btthegreat

    btthegreat Well-Known Member

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    Interesting. the question really stems from the intent behind the act. It assume that any act that is motivated to reproduce, is by definition, sexual rather than any emotional or physical gratification in the act, because the biological and evolutionary purpose of human sex is largely but not exclusively to reproduce. Does a man engage in sexual conduct when he ejaculates into a vile that he hopes inseminates a woman eventually?

    to the hypothetical, does it matter if the doctor is injecting his sperm or not, in establishing a sexual motive?

    I think not. The law does not consider the biology as relevant to the conduct or the motive. Certainly a sterile man can rape without any hope of producing children and men sexually assault their own gender all the time.

    I don't think that this act constitutes a sexual assault.
     
    Last edited: Aug 25, 2017
  9. Renee

    Renee Well-Known Member

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    Malpractice! Not sexual assault. It would be like putting in breast Implants that weren't wanted..or a nose job.
     
    Last edited: Aug 25, 2017
  10. Skruddgemire

    Skruddgemire Well-Known Member

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    I'd have to argue against it being a sexual assault. While semen is a product of a normally sexual act (usually masturbation into a specimen jar), and the act did involve part of the female reproductive system, the act in the hypothetical situation is not sexual in any way.

    The act itself would be considered medical malpractice, combined with "Assault with Bodily Fluids" which depending on the severity could be a year in prison for simple splashing someone with said fluids, to 10-20 years if the person knowingly exposed the victim to disease tainted fluids (class 2 felony in some areas)

    So the courts and the lawyers would be making a determination as to the severity of the exposure in the hypothetical situation mentioned above.

    The reason I doubt it would be considered a sexual crime...is that without an actual sexual act. Especially since there are other crimes that they could charge the perp with.
     

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