Someone is guilty of sexual assault if:
· he intentionally touches another person,
· the touching is sexual, and
· that other person does not consent to the touching, and
· he does not reasonably believe that that person consents.
“Touching” includes touching clothing.
Touching is “sexual” if a reasonable person would consider that either
- whatever its circumstances or the defendant’s purpose in relation to it, it is because of its nature sexual; or
- because of its nature, it may be sexual and because of its circumstances or the purpose of the defendant, it was sexual.
The prosecution case is that D** pushed the back of his hand firmly across the top of C**’s breasts while saying, suggestively, “**.” D** denies **.
No one suggests that touching a woman’s breasts in these circumstances is anything but “sexual”.
The defendant has not suggested that C** consented to being touched, or that he reasonably believed that she consented.
The only issue is whether or not he did touch her breasts.
So, the key question you have to answer, having regard to all the evidence and the directions which I give you, is
Are you sure that D** pushed the back of his hand across the top of C**’s breasts?
If the answer is “yes”, he is guilty. If the answer is “no”, he is not guilty.