R v H [2005]

1. Facts:

• Scenario: D asked V if she wanted to have sex and then grabbed her trousers, pulling her towards him. V ran home, and D was subsequently arrested.

• Charges: D was charged with sexual assault.

2. Outcome:

• Decision: The court held that the touching of V's clothes could amount to sexual assault.

• Reasoning: The court found that even though the touching was through clothing, it was still capable of being classified as sexual assault.

3. Impact and Analysis:

• Two-Stage Test:

1. Objective Test: Determine if the touching was sexual by its nature.

2. Subjective Test: Assess if the touching was sexual based on its purpose or the circumstances.

• Implications: This case underscores that sexual assault can occur even if the touching is indirect or through clothing, and emphasises a two-stage approach to evaluating the sexual nature of the act, considering both objective and subjective elements.