Naggs told police “it was just a joke” after the victim (the best man) complained that he had been violated and threw her out of the party. Yet, this presents a novel problem for prosecutors. The alleged victim joined Naggs who put on the pink strap-on toy — though he says that he discouraged her. She is clearly arguing that she assumed consent in this environment. Yet, penetration is a classic definition of rape when done without consent.
He would also have a claim for assault and battery under torts for such a case — as well as negligence. He could even claim vicarious liability by respondeat superior against her employer — a rare battery within the scope of employment.
Naggs has pleaded not guilty.
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