Police Officer Preparation & Law Enforcement Resource - Archive

my daughter was recently assaulted (I'm guessing only in my opinion) and the police are charging the man with harrasment. Not sexual harrasment, just harrasment. The man that did this is 'special' or 'challenged' or whatever you want to call it - HOWEVER, he admitted to knowing the difference and knowing that itwas wrong.
What he did could have been a LOT worse and we know that are grateful of course. But I'm not sure if this guy is getting off on just harrasment because he's 'slow' or what. He was in a room with my daughter and her young sister when he came behind her and grabbed her tohug her from behind and felt her breasts. He then acted like he was tickling aroun her neck and lifted her shirt off her shoulders (I'm guessing to peek at what he coud).
My dauhter got away from him and he followed her across the room, then she got a spray room deoderizer can and sprayed it inbetween him and her then someone else came in the room.
He is a fireman and it was at the firehouse when this occured. He later said he did it because he was mad that they wouldn't let him get on the firetruck, so he took it out on the first person he could and it happened to be my daughter. ??

Any thoughts would be helpul! Thanks!

In Oregon, that would be Sex Abuse. I don't know anything about whatever state you're in.

Perhaps talking to the prosecutor's office would be a good idea. They're the ones who will formally charge him, not the police.

You need to talk to someone who is investigating this.

You say this person is "special", and indicate he has some sort of diminished cognitive skills, but is also a firefighter? That doesn't make a lot of sense....

Just so you're aware: "Sexual Harassment" isn't a crime, it's a civil liabilty. People who do it and their employers can be sued in civil court, but it's not a crime someone can be arrested or incarcerated for. That differs from a Sexual Assault, which may or may not be what you described. Here in Mass, the unwanted touching of the female breast is a sexual assault. In other states, it may just be simple assault.

We are in PA. I say he's 'slow' because he's just what you would call a slow learner, not mentally challenged.....He did graduate high school, and completed fire academy. And everyone we have told about this, has said oh that's just him he's slow. Well in my opinion if he graduated high school and can go through the fire academy, is competent enough to be a fireman - then he's not THAT slow!

Are you able to talk to the DA's office? I've just been talking with the investigating officer. My daughter went to a Child Advocate place to explain what happened on camera, only for the police and case worker to see (not me). I'm not sure why they aren't making this a sexual assult, to me harrasment just seems to make light of the situation and I surely feel that he would do this again if his punishment is light.

PA is strange.... One of the guys from PA will maybe check this and answer your question.

My state has harassment as well, and that would fit the charge of harassment, not sexual assault. Here, in order for it to be sexual assault, he would have to actually touch a private area. It wouldn't have anything to do with his mental state, but if he didn't touch her anywhere listed in the sexual assault statute, it's all he can be charged with.

My state has harassment as well, and that would fit the charge of harassment, not sexual assault. Here, in order for it to be sexual assault, he would have to actually touch a private area. It wouldn't have anything to do with his mental state, but if he didn't touch her anywhere listed in the sexual assault statute, it's all he can be charged with.

In Oregon, touching the breasts would make it sex abuse. Post puberty female breasts are considered a private area.

that's what i would think, but she's on the puberty borderline i guess you'd say (11)

that's what i would think, but she's on the puberty borderline i guess you'd say (11)

The state would have to show that it was done for sexual gratification on the part of the offender. That might be tough at 11 unless she's developed. Otherwise, it would be harassment which is just offensive touching.

You say this person is "special", and indicate he has some sort of diminished cognitive skills, but is also a firefighter? That doesn't make a lot of sense....

My guess is he is a volunteer firefighter, just a wild wild guess.


You may have indecent assault and corruption of minors but, as RDS was saying, you'd need to prove it was for sexual gratification for indecent assault. Without indecent assault it wouldn't be considered corruption of minors

That's kind of an iffy one, I'd probably ask an ADA if possible before charging. It's tough for us to tell on here without talking to both your daughter and him.If you feel more should be done and talking to the officer isn't going anywhere, try his supervisor.

The state would have to show that it was done for sexual gratification on the part of the offender. That might be tough at 11 unless she's developed. Otherwise, it would be harassment which is just offensive touching.

+1 to what retdet said. Most states require two elements; (1) touching of "private areas" and (2) for sexual gratification. Under TN law it could be an assault charge easy. One of our elements involving assault involves "offensive contact." I'm not trying to be offensive, but at 11 yrs old does she even have breasts? Although he understands right from wrong, that doesn't necessarily mean he understands that what he did would offend your daughter. It is very difficult for both LEOs and the district attorney to pursue charges on someone who is a "little slow" as you describe. This is not to suggest that it will give them a free pass to commit crimes, but you have to look at from their shoes. Although they could stretch it and charge the guy with a sex-crime, it's likely not going to stick. They probably went for a charge that would be easier to prove the elements of based on the evidence given.

yes its a volunteer.

yes that makes sense to go with a charge that would stick rather than one that he'd get off. i appreciate that explanation. all i got was a phone message saying they were going to charge him with harrasment and i thought that was a little soft. no offense taken but yes she is starting to develop, and i think that's why he lifted her shirt up to see.

Harassment includes hitting, kicking, punching, slapping , touching etc that results in annoyance or alarm.

Indecent Assault carries a much higher standard of gratification/ contact and with any kind of a diminished mental capacity , would be a challenge to find 12 people who agree that he is a purvert.

Summary harassment carries up to a $300 fine and or 90 days in jail. He will not get more than the fine.

You should however formally communicate to the FD that this person is a danger to children and that since they allow him to volunteer there , and with the fact that they now know that he may have a tendancy to repeat this , need to take some sort of action to PROTECT any other girls from going through this again.

This could be done via a letter sent via certified mail to the Chief / president of the Fire Dept. and any municipality that gives them money ( and most townships and boro's give funds to their FD's). They will know you are serious AND know that if they don't take some stern measures , a repeat of this could result in a civil suit that could get very costly.