Back in 2012, New York's highest court, the Court of Appeals, ruled that when subway perverts grind their privates on victims and even ejaculate on them, it's not a felony. Well, grinding still isn't a felony, but it's at least punishable by up to a year in jail!
According to the Daily News, "In a unanimous decision, the Court of Appeals rejected arguments that the more serious misdemeanor charge could be applied only to cases that involve squeezing, grabbing or pinching." In her decision, Judge Susan Phillips Read wrote, "Any bodily contact involving the application of some level of pressure to the victim’s sexual or intimate parts qualifies as a forcible touch within the meaning of penal law."
The decision was made specifically in relation to Luis Guaman's case—a police officer spotted him rubbing his penis against a male subway rider in 2009. From the Court of Appeals' decision:
Guaman had accepted a plea deal on forcible touching charges (and got a conditional discharge and three days of community service) but tried to appeal it, claiming it wasn't forcible. In his argument, he claimed, "The meaning of the words "forcible touching... must be determined in accordance with the company they keep, the three specific examples" of 'squeezing, grabbing or pinching,' he says. "[I]n common parlance the act of 'squeezing, grabbing or pinching' is likely to entail the infliction of pain or at least non-trivial physical discomfort.... Obviously, the mere act of 'rubbing' does not without more entail either such compression, pain or physical discomfort. Surely no one would think that a mother who rubbed or patted her child's head had 'forcibly' touched her child's head."
However, the court's decision upheld his conviction. As for making grinding a felony, we reiterate our invitation to the court to take the subway during rush hour so they can experience the horror of a crowded train car. In the meantime, ladies and gentlemen—wear full-body rain gear.
