FAO harry boulders

The offence of sexual assault? arises (Sexual Offences Act 2003, s3) where someone intentionally touches another person; the touching is sexual; the person touched does not consent to the touching; and there is no reasonable belief in consent.

Section 78 then deals with ?sexual?. It specifies that touching ?is sexual if a reasonable person would consider that (a) whatever its circumstances or any person's purpose in relation to it, it is because of its nature sexual, or (b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.?

In the example given, therefore, a reasonable person would clearly NOT consider that the touching was sexual and so the player would be acquitted.

That will be 500 guineas.

Posted By: Old Git, Jul 1, 16:29:20