“After dinner there, she agreed to go to a nearby apartment with him. He came up from behind her, flipped her forwards over the upholstered arm of a chair, lifted her skirt, and ground his groin into her pelvic area over her panties. There is no evidence that he took his penis out of his pants. At law, this cannot be attempted rape, as alleged in Count 5, but it indecent assault under Count 6,” Molloy wrote.
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