No. Kicking a man in the testicles is not “sexual abuse,” as the term is used in Minn. Stat. 541.073 (“Actions for Damages Due to Sexual Abuse”) according to the Minnesota Court of Appeals in an unpublished decision this week. Therefore, the court held, Plaintiff Mark Schaefer’s claim against his past employer for the crotch kick he endured (by fellow employee Donovan Schultz) was subject to the two-year statute of limitation for battery, rather than the six-year term for “sexual abuse.”
The allegations in this employment decision are strange. Apparently striking one another in the testicles was a form of “play” for at a least a couple of workers at Cargill Kitchen Solutions, Inc.
The analysis in the decision of how a kick to the groin is NOT sexual abuse also strikes me as a little odd.