dimanche 27 septembre 2015

Sex Offenses: Rejected While Going for a Kiss Assault

My question involves criminal law for the state of: New York

Long story short:

A girl invited me over to hang out and I brought some drinks over. We are both over 21. So we have a few shots and get somewhat drunk, after some flirting I decide to go in for a kiss. She rejects and asks "What are you doing?" I say "Kissing you" she then says "why?" A bit more banter after that and I prompt leave.

Prior to any sexual encounter I always put my phone on record (there is one party consent law in NY) to prevent any issues, so I have a brief 11 minute recording of the night prior to me attempting my kiss that basically recants the above.

The next day, I get a text from her asking what was up with last night, etc... She then said that I must've misread her flirting.

Can this be interpreted as sexual assault or battery in NY? I did not more than go in for the kiss - which didn't land and then promptly left (which can be heard on my phone on the recording.

The reason for the question is that this girl can potentially be crazy enough to go to the cops. Also if she does claim rape, can my recording be used as alibi?

TL/DR:
Brought drinks over to her place, had some drinks. Mild flirting and I go in for kiss and got rejected. She isn't happy next day. Can I be in trouble?


Thanks in advance guys!


Sex Offenses: Rejected While Going for a Kiss Assault

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