C was struggling with 15 yr old girl, touching her breasts
What is the meaning of sexual in terms of the Code for sexual assault?
Sexual assault is an assault, which is committed in circumstances of a sexual nature, such that the sexual integrity of the victim is violated.
Test: Is the assualt committed in circumstances of a sexual nature, such that the integrity of the victim is violated? – objective test (reasonable person look at the totality of the circumstances)
Circumstances to look at when doing the test include:
**The part of the body touched, the nature of the contact, the situation in which it occurred, the words and gestures accompanying the act, and all other circumstances surrounding the conduct, including threats, will be relevant, the intent of the accused (not a determinative factor, but one that should be considered)
It was a sexual assault