Not all touchings can be classified as Sexual Assault otherwise Courts would be deluged and dealing with nothing else other than the billions of accidental touchings that happen every day.
In our daily interactions with others, it is expected that some unintentional bumping will occur.
It is the reason that passengers on matatus, buses, trains or airplane don’t accuse fellow passengers of sexual assault when they unintentionally touch their breasts, bottoms or hair.
In order to satisfy a charge of Sexual Assault, the Complainant or the State must show and prove intention on the part of the Defendant.
Has this Defendant been known or accused of Sexual Misconduct before or is this a purely random accidental bump by someone not looking where they are going?