Wynd Mulysa wrote:

not that simple.

http://legal-dictionary.thefreedictionary.com/rape
"Rape laws in the United States have been revised over the years, and they vary from state to state."

that is my point

c_h_r_i_s wrote:
Did the op mention in any way that she'd be going to the police at the time of the incident to the photographer ? not till this forum and people prompting the op to go to the police.
Hence if the op goes to the police and he's read the forum he will be prepared.

Why am I and others reading forums in general ? he has just as much right to read forums.

As much as we all sympathise with the op the law works on 'facts' and it will be her word (op) against the photographers.

Absolutely.  And I think it should continue to work that way.

I dont expect the photographer, if guilty, to spend any time in jail over this... IF this is the first complaint they have ever received against him. BUT, if her's is the latest in a long string of complaints of the same type of behavior filed against this photographer... things might be a little different.
IF that were the case, then this could be the complaint that tips the balance.

This is also an election year.  A DA or Police Chief might decide 15 complaints against the same photographer is more than enough to warrant an arrest and maybe a little front page action in the local news paper.

Do YOU have 15 sexual assault complaints sworn out against you?  Even if never charged?  Me either.  I would assume most of us do not.  (If you do, time to find another profession!)
How many complaints over what length of time, before you start to wonder if there is some truth to the allegations?
The question is moot if no one ever files the first one.

So, unless the OP is lying, I strongly suggest filing a complaint with the local authorities.  (of course, if she IS lying, I would advise her against filing a complaint, since filing a false report is a criminal act itself.)

So, in brief:
IF OP is telling the truth, she should file a report with the authorities.

edit:
PS, I am not a lawyer.  I can not provide legal advice.  This is my opinion and nothing more.

Wynd Mulysa wrote:

fuck yeah that is fucking rape.

are you saying that if a woman goes to a night club she better be okay with having some asshole assault her?

In most states I can't imagine a prosecutor would charge this man with sexual assault.   This was horrible but to compare unwanted touching with the awful victims of forcible rape or those drugged and assaulted does them a disservice.   Never did , I say anyone should be okay with anything but if you think a man will be arrested for rape for touching a women at a night club or a photo shoot and have those charges sustained by a judge you don't know our criminal system.   There are several issues that may emerge.   One the OP is a bondage/Fetish model.   All any smart defense lawyer could do is ask.   Who ties you up for those images?   If anyone besides her escort it could mean that a photographer while tying her up might touch her.   Notice before you jump on my case that I'm not saying she deserves to be assaulted for the modeling she does.

Last week a MM model came to me for a shoot.   While moving the fabric she was posing with she turned and her breast hit my hand.   She laughed and said, 'Trying to cop a feel, huh'.   It was a silly moment but goodness if she had mentioned it here folks like you would call for my lynching.   This without knowing that it was a accident and she didn't care.   This without asking me what happened.    You wouldn't care.   All that's required is the accusation.   I'm not comparing what the OP went through to my goofy shoot but before we decide he should go to prison for 100 years at least get his side.   Odds are he won't post here but to say it was rape would mean those all the goofs at clubs who cop feels should be charged with felonies.   

I know this is a hot button topic but sometimes you have to consider things from several perspectives.

Kymlee wrote:
ok, search for state of massachusetts laws on assault, sexual assault,

here's some infor about "assault of an EMPLOYEE" which is relevant in this case as she was being employed at the time of the assault... even if it was TF, it was a written/verbal agreement. Consult a lawyer/law enforcement for more details.

http://law.onecle.com/massachusetts/265/13D.html
"Section 13D. Whoever commits an assault and battery upon any public employee when such person is engaged in the performance of his duties at the time of such assault and battery, shall be punished by imprisonment for not less than ninety days nor more than two and one-half years in a house of correction or by a fine of not less than five hundred nor more than five thousand dollars.

Here's some Law info on a lawyers website
http://www.bhpklaw.com/Sexual-Assault-M … buse.shtml

There really shouldn't be any banter about what rape is or isn't on this thread. This thread is not about a rape that did or did not happen, it's about the OP who was fondled, touched, etc inappropriately and without consent by a photographer, and who is asking for help. Let's get back to topic and offer HELP. She resides in the State of Massachusetts. Give her pertinent information, and let her make her decisions. None of us are in a place to determine what the police will say, or not say, regardless of our own experiences. This is about placing the control back in her hands, and giving her support while she is recovering from a traumatic event. Nothing else is necessary here. Dahlia, please don't be discouraged, don't worry about what you or others THINK the police might say, you will never know until you report to them, and if they do nothing, you are no worse off than you are now, in fact it's a win situation for you because you have the strength to report him regardless of the outcome. No one else but you matters right now. Take back your life, and your decisions. Don't worry about tomorrow, focus on the moment you have now. Sending much love your way.

+1

Tony Lawrence wrote:
In most states I can't imagine a prosecutor would charge this man with sexual assault.   This was horrible but to compare unwanted touching with the awful victims of forcible rape or those drugged and assaulted does them a disservice.   Never did , I say anyone should be okay with anything but if you think a man will be arrested for rape for touching a women at a night club or a photo shoot and have those charges sustained by a judge you don't know our criminal system.   There are several issues that may emerge.   One the OP is a bondage/Fetish model.   All any smart defense lawyer could do is ask.   Who ties you up for those images?   If anyone besides her escort it could mean that a photographer while tying her up might touch her.   Notice before you jump on my case that I'm not saying she deserves to be assaulted for the modeling she does.
Last week a MM model came to me for a shoot.   While moving the fabric she was posing with she turned and her breast hit my hand.   She laughed and said, 'Trying to cop a feel, huh'.   It was a silly moment but goodness if she had mentioned it here folks like you would call for my lynching.   This without knowing that it was a accident and she didn't care.   This without asking me what happened.    You wouldn't care.   All that's required is the accusation.   I'm not comparing what the OP went through to my goofy shoot but before we decide he should go to prison for 100 years at least get his side.   Odds are he won't post here but to say it was rape would mean those all the goofs at clubs who cop feels should be charged with felonies.   
I know this is a hot button topic but sometimes you have to consider things from several perspectives.

Mr. TL is still one of the cooler head here. Way too many hot heads floating around.

Rebel Photo wrote:
I cannot and never have understood the mindset of posting such an incident of this nature in a public forum, which always leads me to believe , or not as the case may be, that the assault actually happened.
When you are sexually assaulted, you contact the Police, not a public forum!

Sexual assault survivors tend to minimize and rationalize the situation. A lot of people are afraid to go to the police and are looking for some encouragement. In fact it is probably easier talking to strangers about it online than talking to close friends or family about it because of the shame and guilt people feel when they're assaulted. It's a traumatic incident. I can understand why the OP posted here, even if it wasn't the most practical decision... it makes sense.

Rebel Photo wrote:
I cannot and never have understood the mindset of posting such an incident of this nature in a public forum, which always leads me to believe , or not as the case may be, that the assault actually happened.
When you are sexually assaulted, you contact the Police, not a public forum!

+1

This is my problem with such a post.

I'm not advocating that the OP be quiet about this but if this did happen she needs to take the appropriate legal actions if she indeed feels it's warranted.

This is why I try to reserve my judgment so that the other side of the story can have a chance to surface.  Sometimes it's as what was said, other times we learn differently and see that the "facts" aren't what was claimed.

The passions of the mob must not sway the fair minded.

Jennifer Toronto wrote:

Sexual assault survivors tend to minimize and rationalize the situation. A lot of people are afraid to go to the police and are looking for some encouragement. In fact it is probably easier talking to strangers about it online than talking to close friends or family about it because of the shame and guilt people feel when they're assaulted. It's a traumatic incident. I can understand why the OP posted here, even if it wasn't the most practical decision... it makes sense.

so it's more difficult to go to Police that are trained to handle such situation than a mod of people the OP doesn't know?...I'm starting to understand 99%ers!

Jennifer Toronto wrote:
Sexual assault survivors tend to minimize and rationalize the situation. A lot of people are afraid to go to the police and are looking for some encouragement.

+1. I wouldn't go to the police in my city for this. They are well-known rapists and murderers. I would definitely be afraid of harassment and violence from NOPD (just as I am at all other times). I would probably come here to talk to other models who may be able to relate.

In another city, maybe I would contact police. Don't judge those who fear the police-- you are just lucky enough not to realize why someone would. Historically, rape victims have been treated very poorly by police.

V Laroche wrote:

+1. I wouldn't go to the police in my city for this. They are well-known rapists and murderers. I would definitely be afraid of harassment and violence from NOPD (just as I am at all other times). I would probably come here to talk to other models who may be able to relate.

In another city, maybe I would contact police. Don't judge those who fear the police-- you are just lucky enough not to realize why someone would. Historically, rape victims have been treated very poorly by police.

this is how i feel as well.

Rebel Photo wrote:
I cannot and never have understood the mindset of posting such an incident of this nature in a public forum, which always leads me to believe , or not as the case may be, that the assault actually happened.
When you are sexually assaulted, you contact the Police, not a public forum!

No, when you are sexually assaulted, you are in shock and spend considerable time trying to come to terms with what has just happened.

  I can hardly expect someone who's just escaped such an incident, freaking out about it to think logically on their own.  The mind wants answers, not revenge.

V Laroche wrote:
+1. I wouldn't go to the police in my city for this. They are well-known rapists and murderers. I would definitely be afraid of harassment and violence from NOPD .

Wow your comment could get you in a lot of trouble.

c_h_r_i_s wrote:

Wow your comment could get you in a lot of trouble.

Not really...

Rollo David Snook wrote:
I'm 100% sure this particular photographer would not have done this, had this been the first shoot.  IF photographers are coming back for second's it should be checked out, that's my opinion anyway. That doesn't mean everyone who wants to re-shoot is dodgy, but people should at least consider what are the reasons for not moving on and for focusing twice on that person. I've seen some portfolios, where the same model is used in several different shoots, it doesn't seem professional to me, clearly comfort zones are being employed and learning is being narrowed.

Lars R Peterson wrote:
That has got to be one of the most retarded things I have read on the internet in quite some time. Wow.

I'll go even farther than you Lars - what Rollo said is THE most retarded thing I have EVER read on the internet!

[Wow...I mean...it doesn't seem professional to use the same model in different shoots??!!]

V Laroche wrote:

+1. I wouldn't go to the police in my city for this. They are well-known rapists and murderers. I would definitely be afraid of harassment and violence from NOPD (just as I am at all other times). I would probably come here to talk to other models who may be able to relate.

In another city, maybe I would contact police. Don't judge those who fear the police-- you are just lucky enough not to realize why someone would. Historically, rape victims have been treated very poorly by police.

a long time ago, I would agree with this..in this day and age, I don't think so...

Rebel Photo wrote:
I cannot and never have understood the mindset of posting such an incident of this nature in a public forum, which always leads me to believe , or not as the case may be, that the assault actually happened.
When you are sexually assaulted, you contact the Police, not a public forum!

Me be scratching my head on this also. You make perfect sense. +1000

V Laroche wrote:

+1. I wouldn't go to the police in my city for this. They are well-known rapists and murderers. I would definitely be afraid of harassment and violence from NOPD (just as I am at all other times). I would probably come here to talk to other models who may be able to relate.

In another city, maybe I would contact police. Don't judge those who fear the police-- you are just lucky enough not to realize why someone would. Historically, rape victims have been treated very poorly by police.

this isn't about you, but what the OP has alleged. If she's not willing to make charges, then this is about sympathy,not justice. And let's be realistic, there's a big difference.

CottonCandie wrote:

No, when you are sexually assaulted, you are in shock and spend considerable time trying to come to terms with what has just happened.

  I can hardly expect someone who's just escaped such an incident, freaking out about it to think logically on their own.  The mind wants answers, not revenge.

From MM? Hummmmm something just aint right.

V Laroche wrote:
+1. I wouldn't go to the police in my city for this. They are well-known rapists and murderers. I would definitely be afraid of harassment and violence from NOPD .

c_h_r_i_s wrote:
Wow your comment could get you in a lot of trouble.

The blatantly corrupt nature of the New Orleans police department is well known across this country (extremely well known in Louisianna).  I'm definitely not one who generally bashes the police...but you'd be hard pressed to find anyone who would defend the New Orleans police!!

edit: There was a pretty big movie called "The Big Easy" back in 1986 that was centered on police corruption in New Orleans.  I've been to New Orleans quite a few times on business and for pleasure...and I've found that a large number of the locals will tell you that the movie is pretty much right on point.

Dahlia  wrote:
I do a lot of nude/bondage modeling and I've worked with a lot of great people. 99% of the time I bring an escort. Now, there is a photographer I did a non-sexual couples shoot with in the past and the pictures were great and he seemed like a nice guy. We were set to do a sexy school girl shoot today which we did, then we moved on to oil and water nudes (for TF, stupid on my part) and he came up behind me (totally unexpectedly and clearly without permission) with oil on his hand and started rubbing "between my legs" with it. I spun around and was like "whoa dude f*** you", had a civil but tense conversation with him, demanded my photographs still be sent by mail and promptly left. I had another photographer who call him to handle the matter. But goddamn it, i feel so dirty and ashamed and violated. I cried so hard on the ride home, once i stopped and got home i took a shower and changed. I did nothing to deserve this and I'm tempted to release his MM # to models in case he tries to do this to anyone else.

1.  If this happened to you, I'm sorry it did and if it was up to me, the offender would be beat to 'near death' in a public square or have a hand cut off.

2. Your immaturity (not bad if you learn from it) is horribly obvious.  You had another photographer call him to handle the matter?  Huh?  This isn't Jr. High School.  What the heck was another photographer going to do?  Nothing that would do anything for you is what.

3.  The first thing you should've done was call the police.  Talking about it on MM is one of the last things on your list to do.  What can MM do about it?  Nothing is what.  With you trying to take care of it through MM leaves the guy wide open to do it again to someone else and doesn't stop him from appearing right back on MM under a different name, etc.

If your baby is choking you try to establish an airway and call 911... you don't blog about it on the Parents R Us dot com.  If someone steals from you, you don't just talk about it on Facebook asking for advice.   If you get felt up (assaulted) then you file a police report immediately and make it a public record.

Once it's a public record, it carries a bit more weight when you talk about it, and who knows, might even land the guy behind bars where he belongs.

Lastly:  You shooting nude TF has nothing to do with anything.

Gary Melton wrote:

V Laroche wrote:
+1. I wouldn't go to the police in my city for this. They are well-known rapists and murderers. I would definitely be afraid of harassment and violence from NOPD .

The blatantly corrupt nature of the New Orleans police department is well known across this country (extremely well known in Louisianna).  I'm definitely not one who generally bashes the police...but you'd be hard pressed to find anyone who would defend the New Orleans police!!

edit: There was a pretty big movie called "The Big Easy" back in 1986 that was centered on police corruption in New Orleans.  I've been to New Orleans quite a few times on business and for pleasure...and I've found that a large number of the locals will tell you that the movie is pretty much right on point.

Oh wow... happened in NOLA eh?   Well, as a former resident of New Orleans, I can say that what's generally been said about NOPD is true; no different than LAPD, NYPD and a lot of PD in other cities.  The obvious can't be more obvious-  you have a lot of people in authority with nothing more than a high school diploma.  There.  I said it.  Require officers to have an undergraduate degree at a minimum and you get a different pool of Officers;  the same goes for Nurses, Pilots, military service members, etc.

I wouldn't trust NOPD with my shoes.

Still-  she should've called the police to put the matter on record.

Dahlia  wrote:
I'm scared to, the guy felt so bad he started crying. I'm probably letting him off too easy by not pressing charges but I can at least warn other models.

I've seen public boards where you can post what happened, in what city, state, and have other models contact you.  He could be mental, or a predator.

Ruben Sanchez wrote:
I've seen public boards where you can post what happened, in what city, state, and have other models contact you.  He could be mental, or a predator.

But doing so might put the "board" or web site in a 'position', so many sites just choose to not have any type of drama spelled out on their turf.  The OP can easily squeal his name, blood type, MM#, address, PH, and whatever else she wants to tell about the offender via personal email, text, and a myriad of other ways.

Daeda1us wrote:

Absolutely.  And I think it should continue to work that way.

I dont expect the photographer, if guilty, to spend any time in jail over this... IF this is the first complaint they have ever received against him. BUT, if her's is the latest in a long string of complaints of the same type of behavior filed against this photographer... things might be a little different.
IF that were the case, then this could be the complaint that tips the balance.

This is also an election year.  A DA or Police Chief might decide 15 complaints against the same photographer is more than enough to warrant an arrest and maybe a little front page action in the local news paper.

Do YOU have 15 sexual assault complaints sworn out against you?  Even if never charged?  Me either.  I would assume most of us do not.  (If you do, time to find another profession!)
How many complaints over what length of time, before you start to wonder if there is some truth to the allegations?
The question is moot if no one ever files the first one.

So, unless the OP is lying, I strongly suggest filing a complaint with the local authorities.  (of course, if she IS lying, I would advise her against filing a complaint, since filing a false report is a criminal act itself.)

So, in brief:
IF OP is telling the truth, she should file a report with the authorities.

edit:
PS, I am not a lawyer.  I can not provide legal advice.  This is my opinion and nothing more.

OK, I wasn't going to say anything about the legal stuff, but,

The Police are 98% of the time the gatekeepers to the ear of the local prosecutors office.  Going past the local police is viable, but atypical.  They are not your private advocate, they prosecute crimes, and typically do very little field work or work with victims except in their capacity as witnesses or victims in cases to which they have been assigned and intend to prosecute or settle via plea.  If you intend to go to the DA's office, you need your own attorney, preferably someone who has worked there.  Your jurisdiction may be different, but as far as things tend to go here, marching into the DA's office is not really a viable solution to anything.

The idea of one complaint having weight in regards to others is a yes and no issue.  Yes, it may bring a higher degree of scrutiny.  Yes, it may make the police more interested in any one given complaint, but, No, it is likely inadmissible at trial unless the defense makes a huge blunder and puts the defendant's reputation and past conduct at issue, which won't happen.

I agree with you to some extent about this thread, although I think that it should probably be closed and discarded for a variety of reasons.  He's either going to admit to it or lie, this isn't going to change much except to maybe give his lawyer some industry insight on the situation.  Unless he admits to it, this probably isn't going anywhere, but it is worth reporting, and I hope the OP makes an honesty and factual report to the Police if she believes that she has been wronged.

To the others in this thread over the "rape issue," everyone's viewpoint is important, but only the state statute of the state in which the alleged crime occurred is actually relevant to the discussion.  Stop clouding the water with opinion, this is NOT rape in Connecticut.  Let's move on.

c_h_r_i_s wrote:

Wow your comment could get you in a lot of trouble.

Dude.. This is America..

Nedah Oyin wrote:

Dude.. This is America..

And above that, it's the internet.

karenjerzykphotography wrote:
This is terrible.

I dont understand how anyone would think thats acceptable.

I had an artist grab me around my waist and kiss my breast recently..

It happens..

Teila K Day Photography wrote:
Still-  she should've called the police to put the matter on record.

What the OP should do is whatever will help her heal from this event, whether it's seeking justice or merely emotional support. A lot of you are doing the opposite of helping as far as the latter goes. Shame on you and best of luck to the OP. I wish I could offer more for you.

Cherrystone wrote:
Dude......you actually went there? The fuck.

It actually is relevant. It almost implies that the OP believe doing them for money, it wouldn't have happened. At least that's how it sounded when I read it.

Dahlia  wrote:
99% of the time I bring an escort.

Images by MR wrote:
So did you bring a escort to this shooting ??

Cape Model Studio wrote:
What has that to do with anything. Are you insinuating that because she didn't take an escort that gave the tog the right to assume that he can grope her. What bullshit. That is like saying that because she was wearing a short skirt she asked to be raped. It is due to attitudes like that that result in these pricks getting away with it.

How did you come up with all this bullshit based on my simple question ??

I think the fact we have about 1000 escort threads on MM weekly makes it a interesting question.........

V Laroche wrote:

What the OP should do is whatever will help her heal from this event, whether it's seeking justice or merely emotional support. A lot of you are doing the opposite of helping as far as the latter goes. Shame on you and best of luck to the OP. I wish I could offer more for you.

Shame on the photographer!  Those who turned this into a debate over what she should do are not helping much.   I kept from posting on this thread because this thread saddens me.  Your comment is the best one. 

To the Op, I'm sorry to hear this happened to you.  It sounds like a very unpleasant experience.  However you do have the power to make a choice as to reporting this to the police or not.   Best wishes to you in the future.

Images by MR wrote:

Dahlia  wrote:
99% of the time I bring an escort.

How did you come up with all this bullshit based on my simple question ??

I think the fact we have about 1000 escort threads on MM weekly makes it a interesting question.........

... and you think it would be "interesting" to turn this into another "escort" thread?   What are you trying to do, hijack the thread? 

SMASSH STUDIO wrote:
Idk I have been raped and molested myself. I speak at abuse groups and I don't understand why if you felt sexually assaulted you would be concerned with the pictures.

OP wrote that following the incident she made her boundaries known as a person, and finally, as a model... specifically, she expected him to keep up the prior agreement.
   

SMASSH STUDIO wrote:
I am not saying what he did was right in anyway I am just saying that it is weird to me that you are concerned with your photos more than the fact that you have been sexually assaulted...

Where did you get 'more' from?  Again, OP posted this late last night while most of us were home sleeping.

  I can't fault someone who's shaken about such a thing for their immediate reactions, because predators specifically look for the chance to pull crap like this, then run their mouths weaseling their way out of accountability for what they have done.

  If it sounds like I'm taking sides, maybe it's because I've listened to hundreds of victims, many of whom have barely begun facing their feelings of helplessness let alone found any kind of support for the battle they'd have to go into to address this kind of assault.

   It's a crime of power abuse, you learn to tell the difference between someone who is just annoyed they didn't get their way and those who have really been robbed of their sense of safety and self~control.