Denver woman's sexual assault complaint over ETD-alarm patdown being investigated
Jan 17, 2014, 4:33 pm
#34
Join Date: Jul 2010
Location: California. USA
Posts: 1,404
There is no way that the TSA can prove he/she not got aroused. Like they are going to confess to that.
Sick world. No wonder the tourist board in USA have problems getting tourists here.
To me is a sexual insult if I dont say it is ok.so a lot of perverts to me. I am pretty sure that they dont their kids or mothers and so on to be touched.
Sick world. No wonder the tourist board in USA have problems getting tourists here.
To me is a sexual insult if I dont say it is ok.so a lot of perverts to me. I am pretty sure that they dont their kids or mothers and so on to be touched.
Jan 17, 2014, 7:54 pm
#35
Join Date: Sep 2004
Location: Colorado
Programs: TSA
Posts: 2,745
If someone walks down the street and gropes someone else, it's still sexual assault even if there is no intent on arousal. In fact, arousal is often absent in sexual assault cases - it's frequently about criminally exercising dominance over the other party - prisons are unfortunately an excellent example. 
"I am going to be sexually assaulting you or you will not fly." Real nice. Consent under duress is not consent.
"I am going to be sexually assaulting you or you will not fly." Real nice. Consent under duress is not consent.
(5) "Sexual intrusion" means any intrusion, however slight, by any object or any part of a person's body, except the mouth, tongue, or penis, into the genital or anal opening of another person's body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.
Jan 17, 2014, 8:05 pm
#36
Moderator: Coupon Connection & S.P.A.M
Join Date: May 2000
Location: Louisville, KY
Programs: Destination Unknown, TSA Disparager Diamond (LTDD)
Posts: 57,952
(4) "Sexual contact" means the knowing touching of the victim's intimate parts by the actor, or of the actor's intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim's or actor's intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse.
(5) "Sexual intrusion" means any intrusion, however slight, by any object or any part of a person's body, except the mouth, tongue, or penis, into the genital or anal opening of another person's body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.
(5) "Sexual intrusion" means any intrusion, however slight, by any object or any part of a person's body, except the mouth, tongue, or penis, into the genital or anal opening of another person's body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.
- US DOJ
Consent under duress is not consent.
Jan 17, 2014, 8:07 pm
#37
Suspended
Join Date: Dec 2012
Programs: A3, AA. Plasticy things! That give me, y'know, Stuff!
Posts: 6,293
(4) "Sexual contact" means the knowing touching of the victim's intimate parts by the actor, or of the actor's intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim's or actor's intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse.
(5) "Sexual intrusion" means any intrusion, however slight, by any object or any part of a person's body, except the mouth, tongue, or penis, into the genital or anal opening of another person's body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.
(5) "Sexual intrusion" means any intrusion, however slight, by any object or any part of a person's body, except the mouth, tongue, or penis, into the genital or anal opening of another person's body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.
Jan 17, 2014, 8:21 pm
#38
FlyerTalk Evangelist
Join Date: Jun 2005
Posts: 38,401
There is no way that the TSA can prove he/she not got aroused. Like they are going to confess to that.
Sick world. No wonder the tourist board in USA have problems getting tourists here.
To me is a sexual insult if I dont say it is ok.so a lot of perverts to me. I am pretty sure that they dont their kids or mothers and so on to be touched.
Sick world. No wonder the tourist board in USA have problems getting tourists here.
To me is a sexual insult if I dont say it is ok.so a lot of perverts to me. I am pretty sure that they dont their kids or mothers and so on to be touched.
Retaliatory screenings are about power. Thus a retaliatory screening that touches the genitals is sexual assault in my book.
Jan 18, 2014, 5:03 am
#39
Join Date: Aug 2012
Posts: 3,526
How does what you did sit with the body of law around administrative searches? You explained to them that you have no real powers of search or detention and that you are limited to looking for WEI? You were able to clearly articulate the reasons you felt the 14 year old was an actual risk to aviation? You were able to explain that despite the abject failure rate of TSA to detect explosives from terrorists (100% failure so far) that you thought you actually had a lawful reason that you could articulate to conduct that search? Because unless you covered all those points you committed assault, unlawful detention/kidnapping, and sexual violation.
"I was just following procedure/orders" is not an excuse. "He failed the swab" is also arguably not in and of itself a viable reason: TSA would have to demonstrate that they have an identifiable & tangible risk because the history of previous swabs and subsequent searches demonstrates no risk.
"I was just following procedure/orders" is not an excuse. "He failed the swab" is also arguably not in and of itself a viable reason: TSA would have to demonstrate that they have an identifiable & tangible risk because the history of previous swabs and subsequent searches demonstrates no risk.
~~
"Moreover, the possibility for abuse is minimized
by the public nature of the search. Unlike searches conducted on dark and lonely streets at night where often the officer and the subject are the only witnesses, these searches are made under supervision and not far from the scrutiny of the traveling public."
See United States v. Skipwith, 482 F.2d 1272, 1275 (5th Cir. 1973).
by the public nature of the search. Unlike searches conducted on dark and lonely streets at night where often the officer and the subject are the only witnesses, these searches are made under supervision and not far from the scrutiny of the traveling public."
See United States v. Skipwith, 482 F.2d 1272, 1275 (5th Cir. 1973).
Last edited by petaluma1; Jan 18, 2014 at 6:09 am Reason: to add citation
Jan 18, 2014, 5:17 am
#40
A FlyerTalk Posting Legend
Join Date: Jun 2005
Posts: 57,504
Jan 18, 2014, 5:43 am
#41
Join Date: Feb 2008
Location: Nashville, TN
Programs: WN Nothing and spending the half million points from too many flights, Hilton Diamond
Posts: 8,043
Jan 18, 2014, 10:25 am
#42
Join Date: May 2009
Location: LGA, JFK
Posts: 1,018
(4) "Sexual contact" means the knowing touching of the victim's intimate parts by the actor, or of the actor's intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim's or actor's intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse.
...
...
(2) Sexual contact.— The term “sexual contact” means—
(A) touching, or causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person; or
(B) any touching, or causing another person to touch, either directly or through the clothing, any body part of any person, if done with an intent to arouse or gratify the sexual desire of any person.
(A) touching, or causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person; or
(B) any touching, or causing another person to touch, either directly or through the clothing, any body part of any person, if done with an intent to arouse or gratify the sexual desire of any person.
Jan 18, 2014, 2:53 pm
#44
Join Date: Sep 2003
Location: CLT
Programs: Choice Hotels/FFOCUS
Posts: 7,256
