Fix body language - Is this sexual assault?

Is this sexual assault?

My friend is having me post this under my account because she does not have her own and does not want her parents to know. She is 17 years old, and works in a restaurant. One of her wo-workers there has always been very nice to her, and she considered him a good friend. He is at least 23, but she doesn't know his exact age. He could be in his 30s. yesterday at work, he pulled her into the back room and started kissing her neck and face, and she kept turning away so tha he couldn't kiss her lips. He whispered that he loved her, and pulled her down the stairs into the basement. She told him at least 3 times that she needed to get back to work, and her body language enforced this. He unbuttoned her pants and fondled her, and placed her hand on his genitals, over his pants, and made me grab it. He also tried to insert his penis inside of her, but someone came downstairs, and he pushed her off, and she ran upstairs. Under NJ law, is this sexual assault? rape? She has already spoken to her manager, and he didn't ask for names, and he told her to ignore him, and if he ever tries anything to scream for someone's attention. She doesn't want to file a police report unless it happens again, because he didn't seem very violent. They usually say that rape has nothing to do with sex and everything to do with feeling powerful. But according to her, he was being extremely sexual, and forceful, but not violent. He was kissing her neck and cheek and chest while he tried to have intercourse with her. The only thing that stopped him from successfully entering her was their body positions. They were both standing up, and he was determined to penetrate her but couldn't, and he didn't stop trying until someone came downstairs.

Public Comments

Sounds like time to call the police
she needs to drop everything and go directly to the Police, they will help her with any other steps she needs to take that was sexual assault and battery, to begin with, and workplace sexual harrassment as well
If events happened as stated, I would think that this is most definitely a sexual assault...rape no, but definitely attempted rape.
its rape honey!!! and i think you should call the cops and tell your friend to tell her boss.
I don't know about NJ law, but I would say I did not see the words No anywhere in this. It is not appropriate behavior, but a woman needs to say NO. Once that word is uttered, a man is obligated to respect that. I would recommend calling the police and asking them this question. Thanks for the additional details, but I still do not see her resisting. This is a very serious matter and should not be taken lightly. A man has no right to touch a woman that does not want to be touched.
Statutory rape comes to mind (although it sounds like it stopped when someone came into the room). More importantly is the issue of SEXUAL HARRASSMENT. Sexual harassment is harassment or unwelcome attention of a sexual nature. It includes a range of behavior from mild transgressions and annoyances to serious abuses, which can even involve forced sexual activity. I don't know how large the restaurant is she works in - my first suggestion would be to go to whoever is in charge (forget her direct manager, go directly to the top). Let them know exactly what happened. If nothing is dones (i.e. if they do not fire him), the next option is to file a claim with the EEOC. Approximately 15,000 sexual harassment cases are brought to the U.S. Equal Employment Opportunity Commission (EEOC) each year. Under NJ Law and Federal Law, this is definitely sexual assault and harrassment. Rape would be hard to prove in this instance without any hard, firm evidence. I'm not sure what she wants the ultimate result to be (whether it be for him to be fired, or if she wants to collect $$ in damages). Either way I think both could and should be an outcome here with no problem at all.
This is out and out attempted rape or at the very least sexual assault and the sentence is up to 5 years in prison. In addtion to this is sexual harassment if she has to see him ever again at work., contact police, employer and human rights commission and get a lawyer.
u have some good answers here, but it seems that u have to let someone else know before it happens agian. your friend must be really scared to go to work now?