Please enlighten me. I have a pervert who fondled a young boy's "breast" He played with the child's nipple in such a manner that the other little boys called him a fag when he left.Sorry boys but I really thought that my gender had the market on breasts.Indecency by contact?
Posts: 334 | Location: Beeville, Texas., USA | Registered: September 14, 2001
I suggest you look at Sullivan v. State, 986 S.W.2d 708. It is a Dallas case with your basic facts. Appellant brought several constitutional claims regarding vagueness and due process. The Court stated:
"Certainly the legislature has a legitimate purpose in protecting all children, regardless of their sex, from sexual predators. It is a rational means to further that purpose to prevent adults from touching certain body parts of children with the intent to arouse and gratify sexual desires. The legislature rationally could have concluded children of either sex will suffer emotional harm, and be placed at significant risk of physical harm, if the law allowed those with pedophilic tendencies to touch the breasts of either male or female children. Additionally, as the legislative history shows, the legislature also was concerned that the failure to provide the same protection for male children as female children could render the legislation subject to attack on equal protection grounds."
In short, all things being equal in the eyes of the law, boys have breasts too. Remember, the purpose of the is to curb the use of children to arouse and gratify adult sexual desires. That's exactly what your guy was doing. (This assumes you can sufficiently prove his intent.)
My copy of Gray's Anatomy sez that the mammary gland is the same structure in both males and females, but in males exists in a "rudimentary state, unless their growth is excited by peculiar circumstances." Gray's Anatomy 706 (Dorset Press 1994). So, from a purely scientifice standpoint, a pervert can fondle a little boy's breast. I'd also point out that the Penal Code does not define breast in a more limited sense than it is defined in science. Sullivan gives a great explanation why.
Women don't own 100% of the market on breasts, just 99%.
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001