Practice and Procedure

R v H (2005)

PUBLISHED February 2, 2005

The touching of an individual's clothing was sufficient to amount to "touching" for the purposes of an offence under the Sexual Offences Act 2003 s.3. Where touching was not automatically by its nature sexual it was possible to ascertain whether the touching had been sexual by determining whether by its nature it might have been sexual and if so whether in the circumstances the purpose had in fact been sexual.

[2005] EWCA Crim 732