Quote:
Originally Posted by PepsiFree
Isn’t this taking it to an illogical conclusion, which R vs JA already covered in addressing the dissenting opinions?
“If you ever got charged” implies it wasn’t consensual. But if your partner has no issue with it, never feels they were violated, and never brings a charge because they believe it was consensual, you didn’t commit a sexual assault.
Committing a sexual assault requires the victim to at least believe it was non consensual at some point and want to bring a charge.
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Not really. The only relevant time period is when the touching happens. If the person being touched consents during that time, it is not an assault. It is certainly possibly (and indeed happens sometimes) that a complainant c9ns3nt3d during the touching and then later decides to lie about that (and state that they did not consent) to the police or the court.