Jack Strauss

When it came to females, Roscoe was a man of high interest and low principles and Edna Carol was one of his latest targets. Night after night, he would woo her under the moonlight and even talk to her about wedding bells which made it easy to have his way with her. When Roscoe failed to name the day, however, Edna Carol finally named her lawyer. She sued Roscoe for assault and battery.

"It was much ado about 'I do'," insisted Roscoe in court. "I never assaulted or battered anyone in my whole life. When I took Edna Carol in my arms and kissed her, it was readily apparent to me that she enjoyed the romancing even more than I did. That's not assault and battery... that's lack of appreciation."

"That's not lack of appreciation," responded Roscoe in court, "that's hogwash. By talking about a preacher, I let Roscoe have his way with me. I was chaste and he caught me."

If you were the judge, would you find unappreciative Roscoe guilty of assault and battery?

This is how the judge ruled: No! The judge held that when a woman becomes a party to a display of affection, her consent prevents her from complaining that she'd been assaulted. In this case, concluded the judge, Edna Carol offered no protest to Roscoe's advances and, thus, can't complain that she had been assaulted.

-- based upon a 1945 Massachusetts Supreme Court decision

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