Haynesworth Indicted On Sexual Abuse

[over the mountain]

Im first assumed the government also tried to get him indicted on a 3rd (10 yrs max incaceration) and/or 4th degree (5 yrs max) sexual abuse charges b/c I dont understand why they would go to the GJ to indict him for misdemeanor sex abuse. Both those require either force, threat of force or mental incapacitation (lady was drunk drunk, unconscious, couldnt consent etc).

The only thing I can think is that a GJ indictment makes it harder to try and win on a "lack of sufficient evid to charge" type motion to dismiss before trial.

I co-chaired a 3rd, 4th degree sex abuse and mis. sex abuse (really just simple assault) in DC superior ct last summer. My experience is that the gov't (like alot of st atty offices nowadays) do not offer good pleas for sexual crimes, they are taking a hard stance on those types of actions and seek atleast some jail time which normally means a trial.

From the DC annotated crim code, Ct of Appeals found evid was suff to convict for mis sex abuse when a guy "moved his seat to be near her, repeatedly touched her, and remarked that she should call him for a good time." I think anything that AH might have said to her like "call me for a good time" or "what are you doing after work" or "whats your number lets get together" could hurt him in court b/c it shows his intent to touch was sexual or a physical attraction.

he could still be found guilty of a lesser included non-sexual offensive touching.