AG’s Reference (No 1 of 2020) [2020] EWCA Crim 1025

Court of Appeal

Facts: The defendant kissed the complainant on the lips without consent, claiming it was a response to insults rather than a sexual act. The issue was whether the intent behind the act was relevant to whether it constituted a sexual assault.

Held: The Court of Appeal ruled that the trial judge’s focus on the defendant's subjective intent was incorrect. The court held that the assessment of whether an act is sexual should be based on its context and not solely on the defendant’s intent. Under Section 78(b) of the Sexual Offences Act 2003, the sexual nature of the act is determined by its context.

Key Quote: The Court stated that "it is not necessary to prove that the defendant intended the touching to be sexual; rather, it must be assessed in context."

💡Levelup: This case refined the legal understanding of sexual assault by focusing on the act’s context rather than the perpetrator’s intent, emphasizing a contextual assessment of sexual nature.