Frotteurism: Intentional Non Consented Sexual Rubbing

Frotteurism is the intentional rubbing up against or the touching of another non-consenting person for the purpose of sexual arousal. A frotteur derives sexual pleasure from the touching of other people without their consent and frequently without their knowledge.

Frequently, frotteuristic activities occur in large crowds where a victim is unaware or does not recognize the unwanted contact as frotteurism; the victim may assume the physical act of the frotteur was unintentional.  Examples where this may occur include the following:

• elevators
• escalators
• subways
• trains
• buses
• sporting events
• spectator events with large crowds

Laws on Frotteurism

Frotteurism is treated as a sexual assault or battery in most jurisdictions.  A sexual assault is a criminal offense and therefore carries serious penalties.  Depending upon the particular circumstances, frotteurism may constitute a misdemeanor or a felony criminal offense.  A misdemeanor is a crime which typically carries a sentence of less than one year in prison, while a felony is a crime which carries more significant penalties including more than one year in prison.  Alternatively, an individual who is a victim of frotteurism may seek to file a private civil lawsuit in order to seek monetary damages from the frotteur.

Filing a Lawsuit

In the event that a victim seeks to file a private lawsuit against a frotteur, the victim may seek to institute a case based upon theories of assault, battery or even false imprisonment. The victim may seek to obtain damages to obtain compensation for pain and suffering, loss of enjoyment of life, medical expenses (for instance, if therapy was necessary following the incident), punitive damages (designed to “punish” the wrongdoer) or other damages. 

How a Lawyer Can Assist

If one has been charged with the criminal charges of sexual assault or battery based upon frotteurism, one should consider consulting with an experienced criminal attorney as soon as possible. An experienced criminal attorney can not only review the case in order to evaluate the matter, but also the attorney will be able to advise as to the most appropriate course of action.  Moreover, a seasoned attorney can help to minimize the impact of a conviction on one’s life by working within the system and with their contacts in the courts in a plea bargain, if the circumstances permit for such a measure.  Finally, an attorney can assist in navigating through the criminal justice system and help one in obtaining the most favorable outcome under the circumstances.