dude...you are takin' this one out of context...unwilling woman is not pole dancer.....front of unbuttoned jeans...sure....if they are waist high jeans I stand by the logic that it would be difficult to penetrate a woman's vagina by sticking your hands down the back of her jeans..especially one that resisted...hell she falls down she snaps your finger
It sure sounds plausible, and Cuban knowing exactly what class of felony the accused act would constitute sure doesn't help. "Oh, penetrating the pussy with my finger tip and her slapping it away? Yeah that's sexual misconduct, felony 2."
It wouldn't take much to constitute 'penetration'. Just the tip or even less. You wouldn't have to be ET, with arms that hang to the floor and ten inch glowing fingers, to pull it off. Regular Mark Cuban-sized arms and fingers would suffice.