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Oregon man guilty of sex abuse for semen on woman's leg
07:56 AM PDT on Tuesday, May 20, 2008
DALLAS, Ore. -- An Oregon man who ejaculated on the leg of his friend's wife was convicted of sexual abuse.
Polk County Judge Fred Avera also found Adam Serafin guilty of private indecency and harassment.
Prosecutor Sebastian Newton-Tapia said Monday that skin-to-skin contact had always been required to get a conviction for third-degree sex abuse. But Avera agreed with prosecutors that semen constitutes an intimate part of a man's body, and justified the charge.
Serafin, 26, faces up to one year in jail when he is sentenced May 28. According to the judge's written ruling, Serafin slept over his friend's Dallas apartment after the two got drunk while watching a football game Dec. 3.
Serafin, his friend and the friend's wife all slept in the living room. The friend slept on a couch, while his wife and Serafin slept on recliners.
A few hours later, the woman awoke to a wet feeling on her exposed leg. She looked up and saw Serafin at the foot of her recliner. Serafin zipped his pants and fled into the kitchen when the woman screamed.
The woman had trouble waking her husband because of his extreme intoxication, but finally threw water in his face, Avera wrote. Once awake, the husband tossed Serafin out and the couple contacted Dallas police.
In cases of this type, the suspect usually is charged with only harassment or disorderly conduct, both of which are non-sexual offenses, Newton-Tapia said. But in arguments earlier this month, Newton-Tapia told Avera that Oregon law defines spitting on someone as offensive physical contact, and argued that semen should be considered an extension of the body.
Defense attorney Mark Obert disagreed with that argument, saying the semen does not constitute a body part.
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