would this be considered sexual assault?

[Davey L]

For a legal definition get some legal advice.

 

Morally I would suggest a husband or wife is entitled to ask why his/her wife/husband has unilaterally checked out of the marriage and to be quite forceful about it too, short of actual physical violence of course.

[todreaminblue]

my mother was raped in her first marriage at a time when there was no real "rape" in a marriage.......i was born because of it.....

 

my mother left the marriage soon after......pregnant

 

i think if there is unhappiness on either side then counselling is needed....if verbal abuse and or threats or any form of intimidation is going on there are organisations that can help find a way to reach some form of healing.....i feel it should be done before things escalate into actual assault or sexual coercion

 

 

my mother told me a lot about what went on during that final year before my conception...one fo them was she checked out of the marriage after the loss of her son who was still born.....it hit her hard she received no counselling......she was told to not have another baby because it also nearly took her out as well.....my father cheated on her during this period......so there were major issues laying dormant not being dealt with.....festered....resulted in me.....why my stepfather i guess saw me as a fester and treated me as such.......

 

there are always two sides to a story ....a reason for things that get said or done......if my mother adn real father had goen to counselling had gotten the help that they needed to weather the storms that lay ahead.....i could have been born out of love and understanding......but it wasnt to be......no help was sought

 

 

a marriage needs to be upheld in every way from both sides....one of love and mutual understanding..... its a bond that shouldnt be broken.....and there are always ways to strengthen that bond.....and sometimes problems/issues arise so that the marriage can be strengthened....if it sounds like effort...its because it is....effort......an effort that should be made before any man made laws .........physical violence and sexual assault should not happen.....ever.....and to stop this from occurring ....professional help is necessary i feel.....deb

 

 

......

[Donnie Darko]

I think the wife presented by the OP in this scenario needs professional help. She sounds like a horrible companion. Emotionally and physically checking out of the relationship and refusing to discuss any issues with the husband. It also sounds like the husband did a commendable job of trying to communicate with his wife about issues and there was absolutely no sexual assault from the husband.

 

Why did the wife become so distant? Why did their relationship change? And why aren't they discussing those issues with each other.

 

If you are going to check out of the relationship, then at least set your partner free to continue living their life instead of holding them hostage in a relationship without communication and emotional or physical intimacy.

[Got it]

there was touching such as leaning his body into hers and hand on or around a shoulder, but not of any private areas.

 

So what is sexual about it? It is harassing but not sexual assault. Why do you think this is potentially sexual assault?

[sillyanswer]

Here is the scenario - a wife has not given her husband sex for months, because she has emotionally checked out of the relationship. Husband is desperate to get his wife back and begs and tries to guilt her into sex and intimacy despite the fact she says no repeatedly. Also enters and stays in her personal space, demanding sex and when she says no and asks him to go away, demands answers as to why she won't have sex, still in her personal space.

 

Did the wife answer the question about why she won't have sex? Perhaps the husband shouldn't be demanding an answer to that so much as asking for an answer, but it sounds like a conversation that needs to be had. The husband may not be a mind reader to be able to know that the wife has emotionally check out.

 

Anyway, to answer the topic question: it doesn't sound like it would be or should be considered sexual assault to me, but then I'm neither a lawyer or police officer and the specifics probably vary by jurisdiction. I also think that's the wrong question to be asking.

[Tayken]

Here is the scenario - a wife has not given her husband sex for months, because she has emotionally checked out of the relationship. Husband is desperate to get his wife back and begs and tries to guilt her into sex and intimacy despite the fact she says no repeatedly. Also enters and stays in her personal space, demanding sex and when she says no and asks him to go away, demands answers as to why she won't have sex, still in her personal space.

 

Hopefully you aren't serious with this question, and know the moral thing to do in this type of situation. NO means NO, and if you really need to "get some", then it behoves you to exhaust other avenues (porn or hookers).

 

Your approach will be one way to evict you from the home, and probably send you to jail.