From the background information that we were given about Jake and Cindy’s previous relationship, they had been together for about six months until they separated when Jake began to get extremely possessive during their relationship. Jake had found Cindy at the party that she attended with friends and requested to talk to her and let him explain himself to her in a more quiet area. He argued that he wanted to be around her at all time and that he wanted to know what she has been up to since they have been split up.
According to the state of Zee, in this case, the second degree sexual battery, which is defined as having sexual intercourse with another person by force or coercion. Jake forcefully penetrated Cindy in the quiet room where they
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Jake started off by kissing Cindy and then he pushed her against the sofa as she was trying to leave the room after their conversation. He ended up ripping her blouse after opening it and started kissing her breasts. He also pulled down her skirt, panyhose and her undergarment and Cindy told him to get off of her since he was drunk. She had tried calling for help since she was in this situation, but no one was able to hear her calls from the music being played so loudly. Cindy was able to eventually get away after shoving Jake to the ground and running away after pulling her bottom clothing up as well as trying to fix her top. Jake could also be charged with criminal sexual contact since he touched Cindy in inappropriate areas of her body as well as without her consent. She ended up finding her friend to take her home and she had explained what had happened. Her friend told Cindy that she needed to report it to the police about what had happened. Cindy eventually ended up calling the crisis hotline where she was able to talk to a counselor who arranged a volunteer to take her to the hospital to get checked out as well as call the police for her. Jake’s attorney may bring up that she may have been leading him on as well as …show more content…
She was forcefully penetrated by Jake, not with her consent, after she had asked him to stop numerous times as well as tried to fight to get away from him. He was upset with her answer about her having to think about them two possibly getting back together rather than her saying yes, she wants to give their relationship another chance. He took out his anger by penetrating her to possibly change her mind about getting back together with him or just to show that she deserves a punishment against her will for not giving Jake a second chance. Jake would be charged with second degree sexual battery, third degree sexual battery, as well as criminal sexual contact. Jake would be guilty of all charges listed above since Cindy did not want to have sex with Jake, she was forced into having intercourse with Jake, and Jake also touched inappropriate parts on Cindy’s body, as well as removed some of her clothing for him to engage in the sexual act. In general, sexual assault is involuntary sexual contact that occurs through the actor's use of force, coercion or the victim's incapacitation. The law will consider the victim incapacitated if he or she did not have the mental ability to understand the nature of the sexual acts, or if the victim was physically incapable of indicating their unwillingness to participate in the sexual conduct. Common examples of these charges may arise