Here's an example of context. This pervy old guy might have just been having fun, being friendly, playing a joke too...
http://www.cbc.ca/news/canada/ottawa...rges-1.3168977
Quote:
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Ottawa police have laid six new sexual assault-related charges against a 65-year-old man who allegedly tried to kiss several women and girls — without their consent — in the city's Barrhaven area. Three weeks ago, police said a man approached three women near the Longfields transit station and briefly spoke with them before either trying to kiss or successfully kissing them, police said.
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Obviously this is more sinister than the handsome, innocent, kid just having fun at the music festival. But the similarities are there as well.
The prosecution doesn't have to prove anything in regard to the suspect's state of mind during the crime. That is, it doesn't matter if the kid had nothing but innocent intentions and the old pervy dude was fraught with pervy intentions. It's the act itself that is considered objectively. So when you say, subject A (cute innocent 17 year old) tied to kiss someone without consent, it's the same as subject B (pervy old dude) trying to kiss someone without consent. I assume the reason here is so that what has been reflected in this thread doesn't get forced on women though the legal system....like some judge saying "don't worry about it, honey he was just having some fun." I would also assume that sentencing might reflect the subjective differences.