Gerry White was convicted of sexual abuse in the third degree after he allegedly engaged in inappropriate behavior while riding a NYC subway car.
On appeal, White claimed that the outcome wasn't supported by legally sufficient evidence and that the victim's silence constituted a form of acquiesence to his conduct.
Even though the victim didn't verbally object to the contact, the Appellate Term, Second Department, thought her departure from the immediate area as soon as the train reached the next station signalled her disapproval.
We ain't touching that.
To view a copy of the Appellate Term's decision, please use this link: People v. White (Gerry)