Under UK law, sexual assault is when a person is coerced or physically forced to engage against their will, or when a person, male or female, touches another person sexually without their consent
Touching is widely defined and includes touching another person with any part of the body, or with anything else. The Court of Appeal has held that the touching of an individual’s clothing is sufficient to amount to ‘touching’ for the purposes of section 3.
The crime is cast more widely when it comes to children, as you would expect - non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, and encouraging children to behave in sexually inappropriate ways are all caught under the legal definition.
@Rousette thanks for your comments. This is an area where I have a lot of experience personally!
@dontyouwish2 if you look at this case Ms Robert’s claim also includes an allegation that Prince Andrew sexually abused her in London (the one we all know about) and also in the US Virgin Islands. That’s three entirely separate jurisdictions, one of which is where the defendant lives. That is generally the “proper” jurisdiction to bring your claim, because the defendant does not get any choice in being pulled into a legal process, and it’s unfair to drag them into proceedings in a whole other country, where they will need to travel, appoint foreign lawyers etc etc.
The fact that Andrew has the right to claim the this is not the correct forum means it’s forum shopping on her part. It happens quite a bit with various US courts as they are often deemed to pay higher damages. One example involved a helicopter crash in Indonesia, where the victims were Japanese, and where the helicopter itself had been made in Europe. One of the victim’s families sued the helicopter manufacturer in Texas however, on the basis that the helicopter manufacturer happened to have a local maintenance office there. The reason for this was that Texas courts offered far higher damages to claimants in wrongful death cases than any other jurisdiction, so the claimants had gone looking for the best place to sue. That’s frowned on by the courts.
Admire her determination all you like - she is certainly doing everything she can to force a large settlement out of him.