Read the following excerpt from a US court opinion:
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dismissed because she cannot demonstrate having suffered any apprehension of an imminent harmful bodily contact — one of the essential elements of a common law assault claim. An ‘assault’ is “an intentional placing of another person in fear of imminent harmful or offensive contact.” United Nat’l Ins. Co. v. Waterfront N.Y. Realty Corp., 994 F.2d 105, 108 (2d Cir.1993). The plaintiff must show that the defendant intended “either to inflict personal injury or to arouse apprehension of harmful or offensive bodily contact.” Rivera v. Puerto Rican Home Attendants Servs., Inc., 930 F.Supp. 124, 133 (S.D.N.Y.1996). Thus, although plaintiff need not prove actual contact, she must allege some “physical menace against [her] body.” Prince v. Ridge, 32 Misc. 666, 66 N.Y.S. 454, 455 (Sup.Ct.1900) . Chapman is correct that actions that are
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What is the most suitable continuation to the opinion? Your options are:
A. holding that an effort of the defendant by words of persuasion alone to induce the plaintiff to grant him the favor of sexual intercourse was not an assault
B. holding in the context of a sexual assault charge that the state was required to prove beyond a reasonable doubt the first basic and essential element of the offense namely that an act of intercourse involving the victim had occurred and further stating that that fact had to be proved even if the defendant was not disputing that particular element of the offense
C. holding that allegations of sexual assault by an employee of the church fell within coverage for sexual misconduct
D. holding that merger did not apply because sexual assault was not a lesser included offense of seconddegree kidnapping involving sexual assault
E. holding that evidence was insufficient where the victim testified that she was awake and communicated her desire not to have sexual intercourse with the defendant
Reply with [A, B, C, D, E] only.