R v H

Touching a person's clothing can be touching for the purposes of sexual assault under the Sexual Offences Act 2003.

Citation
[2005] EWCA Crim 732, [2005] 1 WLR 2005
Court
Court of Appeal (Criminal Division)
Year
2005
Subject
Criminal Law
Topic
Sexual offences and consent

Facts

H approached a woman crossing a field at night and asked whether she fancied a shag. When she ignored him, he grabbed her tracksuit bottoms by the fabric and tried to pull her towards him, but did not touch her body. She escaped. He was charged with sexual assault under section 3 of the Sexual Offences Act 2003, which requires intentional touching that is sexual.

Legal principle

The Court of Appeal upheld his conviction. Lord Woolf CJ said that touching a person's clothing is sufficient to amount to touching for the purposes of section 3. On whether the touching was sexual, the jury should consider first whether the touching, because of its nature, may be sexual, and second whether, because of its circumstances or the purpose of any person in relation to it, it was in fact sexual. Grabbing her tracksuit bottoms together with his question could be found to be sexual.

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