Court of Appeal Offers Clarification on Sexual Assault

Court of Appeal clarifies sexual intent after Crown Court acquits man who kissed a woman on the lips without consent.


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LONDON (Within The Law) - Victims of sexual assault will no longer have to prove that the intent was sexual. That’s the ruling of the court of appeal after Attorney General Suella Braverman asked it to clarify the law. 

Braverman made the request after a defendant was acquitted of assault after kissing a stranger on the lips. She asked the court if it was necessary for the prosecution to prove that, not only did the offender intentionally touch another person without consent, and that the touching was sexual, but that the offender intended the touching to be sexual.  

According to the appeal court’s judgement, the woman had testified that the man grabbed her face and kissed her with a forceful sloppy kiss on the lips. The defendant argued that it was not a sexual kiss and he had not intended sexually to assault her. 

In the trial, the prosecution argued that the touching was sexual within Section 78b of the Sexual Offences Act 2003 because the purpose of the kiss was sexual gratification. The defence argued that while on the lips might be sexual that was not the case in this instance. The defendant maintained that the kiss had not been intended to be sexual and the Crown Court ruled in his favour. 

However, the Court of Appeal disagreed. 

“We are confident that the answer to the question posed by the attorney general is that it is not necessary for the prosecution to prove, as an element of the offence of sexual assault, that the offender not only intentionally touched another person without their consent and without reasonable belief in their consent, and that the touching was sexual, but also that the offender additionally intended his touching of that person to be sexual.”

The Attorney General said that the appeal court’s decision would not affect the original case, but it would provide clarity for future cases. 

(Written by Tom Cropper, Edited by Klaudia Fior)

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