William Cosby, Jr. v. Angela Leslie

Summary

The Nevada Supreme Court answered a certified question under NRAP 5 concerning whether forcing a victim to masturbate the perpetrator with the victim’s hand, without intrusion into a genital or anal opening, constitutes sexual assault under NRS 200.366. The court held that the statutory definition of sexual penetration requires intrusion into a genital or anal opening and therefore answered the certified question in the negative.

Holdings

1. The intrusion clause of NRS 200.364(9) requires intrusion of a body part or object into a genital or anal opening. Forcing a victim to masturbate the perpetrator with the victim's hand, without intrusion into a genital or anal opening, is not sexual penetration.
2. The Supreme Court of Nevada exercised its discretion to answer the certified question because it involved an unsettled, determinative question of Nevada law on which no controlling published Nevada authority existed.

Questions Presented

1. Whether, under NRS 200.364(9) and NRS 200.366, a person commits sexual assault by forcing another person to masturbate the perpetrator with the victim's hand when there is no intrusion into a genital or anal opening.

Disposition

other