Polk County Circuit Judge Fred Avera held that semen constitutes a “sexual or intimate part of the defendant” — not an unreasonable position except that the law refers to “body parts” coming into contact. However, the question is whether this would extend to other bodily fluids like saliva. We recently saw a major sentence handed down based on the use of saliva to assault an officer by an HIV-positive individual, click here.
Serafin was invited to sleep over with a long-time friend. There was drinking and all three slept in the living room after watching football. The wife, 41, routinely slept on the living room recliner because of a health problem that requires her to be on oxygen. She has trouble walking. About 3 a.m., the woman awoke when she felt something and found Serafin masturbating on her.
The defense had argued that semen is not a “body part” under the law.
Serafin will be required to register as a sex offender, something he wouldn’t have had to do with a harassment or disorderly conduct conviction.
Recently, there have been a number of masturbation cases on airlines, here, and even a prison, here.
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