R v H [2005] EWCA Crim 1416

Court of Appeal

Facts: The defendant approached the complainant on the street and made an overture. Subsequently, he grabbed her tracksuit bottoms in the trouser area. The legal question was whether such conduct constituted sexual assault under Section 3 of the Sexual Offences Act 2003.

Held: The Court of Appeal upheld the conviction, determining that "touching" under the statute includes contact through clothing. The act of grabbing the clothing in the trouser area was deemed sufficient to constitute sexual assault.

Key Quote: The Court emphasized that "touching of clothing is still considered touching within the meaning of the statute."

💡Levelup: This case clarified that the definition of "touching" for the purposes of sexual assault includes contact through clothing, broadening the scope of what can be considered sexual touching.