Man charged with spurting on woman on Red Line

HolmesMBTA Transit Police report arresting a man they say ejaculated on a fellow Red Line rider shortly before 11 a.m. yesterday.

Police say the incident happened on an inbound train pulling into Davis and involved a woman sitting next to a set of doors reading a Metro and a man standing next to her:

The victim noticed what she described as a disgusting smell and something wet on her jacket and also noticed the male party next to her with his hands down his pants. She initially thought that the male party had urinated on her, and as the doors opened, she yelled at him, saying "Did you piss on me?!?" She then realized that it wasn't urine on her, instead it was was she believed to be sperm.

The man ran off the train and she tried to chase him, but she was foiled by the closing doors. Based in part on surveillance video viewed by the victim, detectives found and arrested Eric Howes, 26, originally of Holliston but more recently of the Long Island homeless shelter around 5 p.m. at a homeless shelter in Roxbury. Police say that during his interrogation, Howes admitted to ejaculating on the woman and on the seat next to her.

He was charged with indecent assault and battery.

Innocent, etc.

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Comments

Classy Title!

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Ah yes, "spurt". Which page of the AP Stylebook is that on?

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How About...

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..."Spunk?"

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I think -

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- "Spooge" is better.

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Just indecent assault? Can

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Just indecent assault? Can someone explains where "indecent assault" ends and "sexual assault" begins in Mass Law? Because this seems more like sexual assault to me.

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At a guess the difference is

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At a guess the difference is contact. It doesn't sound like he ever touched her.

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Hmmmm...

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So ejaculating on someone is not considered making contact? Can you explain that?

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Same Thing

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"Sexual assault" is just another way of saying "indecent assault and battery," which is the language used in the statute he violated.

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Technically, there is no

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Technically, there is no "sexual assault" under Mass. law, only the for all intents and purposes identical crime of "indecent assault and battery".

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because massachusetts doesn't have a law...

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... about "sexual assault". it has a law about rape, which requires some amount of penetration (sexual intercourse or unnatural sexual intercourse). so a sexual assault that does not involve penetration usually falls under the category of "indecent assault".

they're not saying she was or wasn't sexually assaulted, but it doesn't fit the legal definition of rape so it has to be charged as indecent assault.

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How About A Couple Of Theoreticals?

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What if it was found that the discharger had a sexually transmitted disease? What if it was AIDS? Could there be a realistic charge of attempted murder?

Let's try another one, but coming at this (excuse that) from a different direction: What if he had some sort of physical disorder that made him ejaculate 'randomly'? That is, what if his orgasms were triggered by something other than self-gratification with intent?

Possibility?

Suldog
http://jimsuldog.blogspot.com

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Part B

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Yes, spontaneous orgasms can happen, sometimes as a result of epilepsy, but I'm somehow doubting this was the case here since he took his pants down and was standing right by his alleged target.

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Pants Down?

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Not to be a total nitpicker, but the report here doesn't actually say that he took his pants down. It only mentions her noticing his hand down his pants. That's why I wondered about such longshots as spontaneous orgasm as a possible defense.

Suldog
http://jimsuldog.blogspot.com

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Mea culpa

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I was heading to City Hall for some licensing hearings when I got e-mail from the T about this. Obviously, I did a rush job on. I've attached a copy of the police report to the original post, shoudl you want to read the entire thing. It includes this:

The victim looked over and noticed a White male standing to her left as she was seated by the train doors. The male was pulling his pants up around his waist.

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disgusting

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i support the death penalty for this

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No

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.

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What might you suggest?

I'm guessing the anon death sentence supporter is a female. If so, she might end up feeling demeaned if something like this were to happen to her. The woman who this actually happened to probably feels even worse.

So what is a decent punishment for this? Make them pay a fine, tell them not to do it again in a stern voice, start a rap sheet or add it to their rap sheet, put them in jail?

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Broad range between a fine and death

Any reasonable person can see that there are other options. I can't speak for the first no, but as somebody opposed to capital punishment, I'll add another emphatic no. As for an appropriate punishment, it requires more data than we have. It seems fairly likely that the man is mentally ill. That needs to be determined. Most likely the sentence will include incarceration + treatment.

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Oh god oh god oh god. I was

Oh god oh god oh god. I was already feeling a little queasy this morning.

Is it just me, or are these indecent assaults becoming more frequent? I'm becoming more and more relieved that I no longer have to take the T every day.

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Some transit systems in Asia

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Some transit systems in Asia have women/children only cars; maybe it is time to have that option for women in Boston.

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Gross

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I mean I wanna know how you can get yourself all worked up on a busy train, then get enough balls (so to speak) to stand up and j*zz on someone. I mean sh*t.. I barely can stand when I do that (yeah TMI) let alone have some gusto to try to get it on someone purposely...

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Can the nonlawyers stop

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Can the nonlawyers stop trying to interpret Mass. law-- you guys have no idea what you're talking about.

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That's hilarious!

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But what a deranged individual! I have seen Japanese porn using the same premise but I think it was staged.

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Nice call.

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Good memory, I assume the cops have also put that together? I'd love to hear a follow up to either story that connects those dots.

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he should be committed to an

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he should be committed to an institution where they can treat his mental illness and depravity. separating men and women/children would be discriminatory against both women, children, and other men who have to ride in the "perv car", so that's really stupid. Supporting the death penalty for this? are you crazy? This guy is obviously sick in the head. The best approach is a mental evaluation and treatment plan going along with his sentencing. Let's not forget, this guy hurts himself by doing this more than he hurt that woman. We would never do such a thing, why? because we have no inclination (thank god) and because we don't want to make someone else uncomfortable, but even if we didnt have those reservations, we wouldn't want to face the risks of humiliation and condescension and prosecution that ensue. This guy's brain had to overcome all of that, which clearly means he has a mental inhibition. Possibly a frontal lobe brain tumor or Huntington's disease, or he may be a victim of childhood trauma (perhaps sexual in nature).

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