Judge Says You Can Touch This!

In what we think might be one of the worst rulings ever, a judge ruled that a pat on the butt is not "forcible touching" and therefore, it's pretty much LEGAL. Fabric store employee Mohammed Nuruzzaman was charged with forcible touching, third degree sex abuse, and second degree harassment after allegedly touching a female customer's butt - without her consent - last November. However, Criminal Court Judge Richard M. Weinberg broke out The New Oxford English Dictionary to say that patting was okay.

The word "forcible" connotes something "done by force, vigorous and strong and powerful." To pat is to "touch quickly and gently with the flat of the hand."

A pat on the buttocks, regardless of how offensive it might be to the recipient, does not qualify as forcible touching.

Plus, Judge Weinberg stated that the patting didn't "gratify sexual desire," so he threw out the sexual abuse charge. Nuruzzaman was left with the harassment charge; the NY Post says that the forcible touching charge is more serious, because if convicted, the jail sentence could be up to a year. Ugh. While Gothamist suspected that you couldn't really file charges against someone for patting you on the butt, we're not that happy that more people know it's legal. Ladies (and gentlemen), Gothamist's suggestions for avoiding unwelcome butt pats are to wear long coats, keep your messenger bags on your butt, farting, and not participating in various male sports.

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By Jen Chung in News on May 20, 2005 8:52 AM

Comments [rss]

hijiki

'one of the worst rulings ever?' sheesh. the judge was correct in ruling that it was harassment and nothing more.

toyochin

Years of watching professional sports have taught me that:

- Slap on the ass with a flat hand is manly

- Slap on the ass with a cupped hand is homoerotic and/or sexual harrassment

Nathan

"Penal" heh heh heh heh (Beavis and Butthead laugh).

Rose

"Other parts" heh heh heh heh (Beavis and Butthead laugh).

learned hand

the fact that this judge decided that touching someone's butt is not "forcible touching" does not mean it's legal - it is still punishable by other parts of the penal code, ie. harassment (as you point out). patting someone's ass is prettty wrong - but maybe it's not one-year at rikers wrong.

learned hand

the fact that this judge decided that touching someone's butt is not "forcible touching" does not mean it's legal - it is still punishable by other parts of the penal code, ie. harassment (as you point out). patting someone's ass is prettty wrong - but maybe it's not one-year at rikers wrong.

Dave H.

Remember the Friends episode "The One With Chandler's Work Laugh", in which Chandler's boss was constantly slapping him on the ass while yelling "Bing!"? In the case of this butt-slapping moron, I think the customer should have "touched quickly with the flat of the hand" the fabric store employee's face.