She patted my left arm, my right arm, my upper back and my lower back. She then said, “I need to reach in and feel along the inside of your waistband.”Erin's contention is that this is sexual assault because she was not informed of the procedures and because the TSO did not follow standard operating procedure.
She felt along my waistline, moved behind me, then proceeded to feel both of my buttocks. She reached from behind in the middle of my buttocks towards my vagina area.
She did not tell me that she was going to touch my buttocks, or reach forward to my vagina area.
She then moved in front of my and touched the top and underneath portions of both of my breasts.
She did not tell me that she was going to touch my breasts.
She then felt around my waist. She then moved to the bottoms of my legs.
She then felt my inner thighs and my vagina area, touching both of my labia.
She did not tell me that she was going to touch my vagina area or my labia.
She then told me that I could put my shoes on and I asked if I could pick up the baby, she replied Yes.
While I do believe Erin was sexually assaulted, it is irrelevant if the a TSO tells his or her victim how they will assault them first. There is no reasonable suspicion of the particular person, as evidenced by the lack of a warrant, and the frisk is therefore illegal. An illegal frisk, by definition, is assault. An illegal frisk of primary and secondary sex organs is, by definition, sexual assault.
Think of it this way. A man comes up to you in the street and says, "If you don't give me your wallet, I will punch you." If the man then proceeds to punch you when you don't hand over your wallet, is he innocent of assault? After all, he told you exactly what he was going to do and even why he was going to do it.
H/T to Roberta and Adam