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Old Posted Oct 5, 2012, 5:09 PM
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Dear New York: Please Make Subway 'Grinding' a Felony. Now.

Dear New York: Please Make Subway 'Grinding' a Felony. Now.


Sep 26, 2012

By Eric Jaffe

Read More: http://www.theatlanticcities.com/com...lony-now/3406/

Quote:
The New York City subway system got a little less safe earlier this month when Darnell Hardware, indicted last summer on three felony charges of sexual abuse, was reportedly set free on probation. Hardware's crime, as described by the Manhattan district attorney, is a rather unsettling one for transit riders throughout the city (if not humanity in general).

- The defendant entered a crowded subway train during rush hour, pressed his body against a female victim, and rubbed his penis on her. Because of the crowded subway car, the women were unable to move away from the defendant, who ejaculated on the women’s bodies and clothing, and then fled. … The victims were young women commuting to and from work or school. The injustice of the decision is surpassed only by the injustice of the precedent that caused it. That ruling occurred in March during the case of one Jason Mack, who committed a similar act of "subway grinding" back in 2002.

- During the morning rush hour on March 22, 2002, a teenage girl on her way to school got on a packed subway train in Manhattan. She stood just inside the train's door as a tall and "very heavy" man "pushed himself in so that he was behind" her. Once the doors closed and the train started to move, the girl felt some "weird movements" on her lower back, which she attributed to the swaying of the train and the press of passengers. When she turned in the man's direction, though, the touching sensation would stop; it resumed when she turned back around. She tried to "move more to [her] right" to avoid this man, but she was hemmed in by the crush of commuters. The man left the train one station after he got on. When the girl eventually got off the train, she noticed semen on her jeans and coat. Upon her arrival at school, she reported the incident to school officials, who called the police.

- Here, there was no coordinated action by defendant and other passengers to hedge in the victim. Rather, the crowded conditions in the subway car merely masked and facilitated the unwanted sexual contact alleged. The sexual contact itself is the only physical force that defendant may be said to have deployed against his victim. This is not enough to establish that the sexual contact was "compel[led] by ... use of physical force." In other words, the fact that the situation made it easier for these criminals to exploit their perverse intentions rendered them lesser criminals. In some sense the court may be correct that they're not as reprehensible as someone who uses violence as a prelude to a sex crime. That said, if a man rapes a woman who's passed out, that man may not be a violent rapist, but he's still a rapist. What we have here feels more appropriate differentiated by adjectives than criminal degrees.

- New York's transit authority expanded the video surveillance system for its buses earlier this year, and it may be time to consider doing the same for the subways. Then again, catching the criminals wasn't the problem here. (In both cases the police ultimately identified the perpetrators through the state's growing DNA database.) A few days ago Bill de Blasio, the city's public advocate, told WCBS he'd like to see legislation that increased subway grinding to a felony and required registration as a sex offender. City Councilman Peter Vallone did the same. By calculatedly choosing victims who had no escape, Mack and Hardware forced women to undergo sexual abuse just as surely as if they had done so with a bear hug. That’s the real world, a place the court chose to ignore. Cuomo and the Legislature must step in to reinstate the legal protections that women deserve.

.....



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  #2  
Old Posted Oct 5, 2012, 8:38 PM
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Yeah but at least he wasn't polluting the air....
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Old Posted Oct 5, 2012, 8:50 PM
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Last Thanksgiving I witnessed some teenage guy pleasuring himself just inches from a teenage girl's face while on the train. I felt that he was acting a little weird but I didn't pay attention to him because it's New York... And the train was very crowded for most of the ride. When the crowd thinned out I noticed that he continued to stand very close to her... But it still didn't register to me what was going on. I was playing a game on my phone so I wasn't looking directly at him but as we came into the train station I saw his hand in his pants moving around while the girl was facing away from him. He ran off the train at the stop and I didn't feel comfortable explaining to the girl and her mother what he had done......
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Old Posted Oct 5, 2012, 9:34 PM
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You mean this happens outside of Tokyo?
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Old Posted Oct 5, 2012, 9:43 PM
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Originally Posted by Rail Claimore View Post
You mean this happens outside of Tokyo?
Rail, you should see Mexico City. They have pink buses for the women, and women-only cars are standard in the Metro. I know Japan has this, and maybe Seoul too?
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Old Posted Oct 5, 2012, 11:08 PM
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Guess he showed her his Hardware, eh?

Sorry... couldn't resist. This kind of behavior is disgusting and degenerate.

For the record, Delhi also has women-only cars on their metro.
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Old Posted Oct 6, 2012, 12:17 AM
untitledreality untitledreality is offline
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If I ever see some pervert doing this it will be a swift and painful end to his "pleasure time". All it takes to stop this is for people to speak up, step in... do something. Everyone is too goddamn apathetic.
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Old Posted Oct 6, 2012, 12:38 AM
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Sad thing is these people will return to the trains. And like most criminals...they'll commit their acts again. Hopefully all states will update their laws forcing transit agencies to go entirely plastic in their fare system. This way we know exactly who is riding the train or bus and where exactly they are coming from and going and who to look out for.
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Old Posted Oct 6, 2012, 1:13 AM
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Quote:
Originally Posted by untitledreality View Post
If I ever see some pervert doing this it will be a swift and painful end to his "pleasure time". All it takes to stop this is for people to speak up, step in... do something. Everyone is too goddamn apathetic.
You would have to exit the crowded train with him in order to do that.
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Old Posted Oct 6, 2012, 1:31 AM
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This is disgusting, but enforcing a law against it would be difficult given the situation. You would also either need to take down their information/identification, or else have on-board cameras or officers to keep watch. And with that many people crowded into a train, even that would be tricky. About the only option people could explore right on the spot would be to snap a photo of the creep and pass it along to police.

One other idea would be to create a phone app that allows users to page a security system on-board in the car they're in that would then page an-board transportation officer. But that might not work either since the trains can be very crowded which would make it difficult for an officer to respond.
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Old Posted Oct 6, 2012, 5:31 AM
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Quote:
Originally Posted by Crawford View Post
Rail, you should see Mexico City. They have pink buses for the women, and women-only cars are standard in the Metro. I know Japan has this, and maybe Seoul too?
I was being a bit facetious and sarcastic, but yes, I know this happens on urban transit in various major cities. This kind of behavior first made headlines in Japan and is thus associated with that country. I know Japan has had women-only cars for years. Not sure about Korea though, as I haven't been there in a few years, nor have I heard about any. It wouldn't surprise me though.
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Old Posted Oct 7, 2012, 4:37 AM
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And this is why a majority of Americans drives cars.

--don
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  #13  
Old Posted Oct 7, 2012, 5:26 AM
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Quote:
Originally Posted by M II A II R II K View Post
You would have to exit the crowded train with him in order to do that.
No, I pretty sure I could manage crushing his balls in an iron fist without having to go anywhere.
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Old Posted Oct 7, 2012, 7:50 PM
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Quote:
Originally Posted by Don B. View Post
And this is why a majority of Americans drives cars.

--don
I'm pretty sure that U.S. modal share has almost nothing to with the relative chances of being felt up.

For one, public transit in 99% of the country means buses, where this type of thing is very, very rare and easily avoidable by sticking close to the driver.

For another, the places where this is most likely to happen with some frequency are also the places where transit is most heavily used.
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Old Posted Oct 7, 2012, 9:32 PM
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That's disgusting.
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  #16  
Old Posted Oct 8, 2012, 1:06 AM
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My wife and I are going to New York in a couple of weeks. Luckily for us we'll be walking to everything as we'll be in the Times Square vicinity, so we'll likely avoid any such behavior.

Sure, it would be one thing to make this a felony, but if they do that, then they need to stiffen the penalty. Um, no pun intended...
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Old Posted Oct 8, 2012, 2:21 PM
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I was in NYC last week and the N,R, and 4 lines were never that crowded. Maybe those have lower ridership than some of the other Manhattan-Brooklyn lines?
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Old Posted Oct 8, 2012, 2:33 PM
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Quote:
Originally Posted by JDRCRASH View Post
I was in NYC last week and the N,R, and 4 lines were never that crowded. Maybe those have lower ridership than some of the other Manhattan-Brooklyn lines?
The 4 and the N should be fairly crowded, at most times I guess (the 4 definitely moreso than the N).

The R is very crowded in Brooklyn, but not very crowded in Manhattan, because it runs local in Manhattan.
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Old Posted Oct 9, 2012, 4:30 PM
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Quote:
Originally Posted by untitledreality View Post
If I ever see some pervert doing this it will be a swift and painful end to his "pleasure time". All it takes to stop this is for people to speak up, step in... do something. Everyone is too goddamn apathetic.
wow you are truly a badass
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  #20  
Old Posted Oct 9, 2012, 5:51 PM
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This happens in Japan all the time.
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