MEMPHIS, Tenn. — A man who had a previous charge of indecent exposure dropped now faces two new charges of sexual battery.
According to Shelby County court records, a grand jury indicted Andrew Crosby, 49, on June 4 for two felony counts of sexual battery for incidents involving two different women that both took place on May 14. They happened at a Collierville medical spa.
“Sexual battery is basically an unlawful touching or contact of the person’s intimate parts,” said former assistant district attorney Josh Corman. “Basically the difference between sexual battery and rape is that there’s no penetration.”
Records showed Crosby was booked on June 8 and posted $20,000 bond the next day. An affidavit was not available in online records and authorities said it would not be made available for this case.
In a mugshot posted by Shelby County officials Tuesday night, Crosby appears to have a bruise under his right eye.
WREG asked Collierville Police last month if they had arrested Crosby. On May 17, Lt. David Townsend confirmed an “alleged incident is under investigation.”
“It is an active investigation that is being handled in conjunction with the Shelby County District Attorney’s Office,” Townsend wrote in an email on May 18. He directed all further questions to DA Amy Weirich.
Family members called the allegations “exaggerated” at Crosby’s home Wednesday but said the suspect wasn’t available. Crosby’s attorney Steve Farese told WREG his client had no comment.
Crosby previously faced a charge of indecent exposure last year when he masturbated in his own home in front of several of his daughter’s friends who were there for a sleepover, according to an affidavit. One of the friends, 14, saw the incident and reported it to police, according to the affidavit.
Prosecutors dropped the charge in January due to what they called a loophole in Tennessee law.
“It sounds like indecent exposure. But if you read the indecent exposure statute it’s very specific about the age of the parties and the places it has to take place. It cannot happen in a private home with a victim who’s over 13,” Assistant District Attorney Lessie Rainey said on January 15. “I know what she said happened, happened. But what she said happened doesn’t fall under the statute the way it was written. It’s frustrating because I would’ve liked to be able to do something better for the victim here.”
Corman said prosecutors typically have the most influence over what options a defendant like Crosby would have in pleading his case, especially given he has a clean record.
“One of the first things done in the DA’s office is they run a criminal background check of somebody. Depending on what their record is may dictate the path of how that case goes on,” he said.
But Corman said Crosby’s case would be different based on prosecutors’ previous experience.
“Because they know what happened in the last case and it was allegations involving a child, there’s no way they could put that out of their mind,” he said.
When Crosby had his charge dropped in January, his attorney Mark McDaniel, Sr. told WREG his client chose to exercise his right to remain silent. He did not appear in court.
“The law was followed and Mr. Crosby should’ve never been arrested based upon the conduct that was alleged. Even if true, the conduct as alleged is not criminal in Tennessee,” McDaniel said.
Crosby, a Memphis native, previously owned a Washington, D.C.-based public relations firm called Crosby-Volmer International Communications. He now operates a company called International Construction Services, according to Tennessee contractor license records.
WREG will update this story as more details become available.