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WEEK FIVE PROBLEM

Consider the hypothetical below:


Situation 1:
Two teenagers, Jack and Jill, have their first date at the
movies. After the movies they go to Jacks apartment for
coffee. They talk. Jill tells Jack that she has a boyfriend but
also that she is an open, friendly, and affectionate person; and
that she often likes to touch people. Jack tells her that he is
an open, friendly, and affectionate person; and that he often
likes to touch people. They talk more. They touch each other;
they hug.
At some point [insert point for situation 2] Jack kisses Jill. Jack
thinks she has responded positively to his sexual advance
although nothing was said. Jill did not welcome the kiss and
felt she did nothing to encourage Jack. She was not scared of
him. She admits that at that point she opened two buttons of
her blouse but this was because she felt claustrophobic and
nothing else. Jack felt he was being encouraged by her action
and touched her breasts. Jill slaps him.

Situation 2:
The same as situation 1, except that it was Jill who
kissed Jack first.

Is Jack guilty of sexual assault under situation 1 & 2?

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