Sexual Assault, basically described, occurs where an individual is subject to unwanted touching which is of a sexual nature. The physical contact need not be sexual intercourse, and can include a wide variety of unwanted touching.
Some of the common defences raised against these allegations include:
- The sexual touching did not happen at all;
- If the sexual touching did take place, it was consensual;
- If the sexual touching took place and was ultimately found not to be consensual, that the accused had an honest, but mistaken, belief that the other party had consented.
If you or someone you know has been charged with this serious offence, contact Andrew Captan for a free consultation.