It's impossible to speculate on that. If we assume the allegations are true, they are a crime. What the police would do if that crime were reported depends on many factors including whether the police take the victim seriously, whether they believe her claims can be proven (even if they believe her) etc.
Hmm ok maybe it depends on state to state.
The person I had a physical altercation with years ago was charged immediately with battery and was arrested on the spot.
I'm not talking about the other stuff so your comments about whether the police take the victim seriously, whether they believe her claims can be proven, etc doesn't mean anything here in my context. I was commenting on your comment of "You're right that what happened isn't an assault -- because technically it's a battery." You're the one you said with conviction that it was battery so I was going off of that though I hadn't done in research into Florida at that point.
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As far as battery this is what my limited research has found for Florida:
In Florida, the term battery means:
- Any actual and intentional touching or striking of another person against that person’s will (non-consensual), or
- The intentional causing of bodily harm to another person.
Where there are no aggravating factors or enhancements at play (such as use of a weapon, serious bodily injury, or domestic violence) the offense is known as “simple battery” or “misdemeanor battery.”
"Intent is a required element of a simple battery charge. To constitute a crime, there must be “either a specific voluntary act or something that is substantially certain to result from the act.” A defendant must intend to strike the person, or engage in conduct where he or she knows that a touch or strike “is substantially certain to result from his acts.” Thus, an accidental touching or a touching that is incidental to other conduct not aimed at making contact with another person, is insufficient to establish a battery."
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All I know is it's 'impossible' to use your words for any of us here to actually speculate on what occurred is legally defined as-whether sexual assault, harrassment (though I believe generally speaking that's been used for employment or so my research has advised), battery, etc. Going to the police to file a report and speaking with legal counsel would have helped clear up what occurred is defined as as well as given her what recourse she had should she have found Disney lacking in giving her the desired solution.
ETA: Also "Under Florida law, Simple Battery (Misdemeanor Battery) is a first degree misdemeanor, with penalties of up to one year in jail or 12 months probation, and a $1,000 fine. So if he was charged with simple battery he could have faced jail time or probation time as well as a fine" (though that does require going to the police for these charges to have been filed).
ETA: I realize that multiple posters have discussed what occured and what it would be defined as however, respectfully we lack the full information as well as legal information to actually define what happened. This is also why I understand why the title is offputting.
