Can one person's invitation to touch another person's penis constitute an assault?

British Columbia, Canada


The following excerpt is from R. v. Cadden, 1989 CanLII 2847 (BC CA):

In Fairclough v. Whipp, supra, the facts were that the accused was charged with committing an indecent assault on a child of the age of nine. The question was whether there was an assault. The accused was “making water” by the bank of a river where there were four young girls varying in age from six to nine. As he did so, one of the girls passed him. He, with his person exposed, said to her, “Touch it” and she did so. He then went away. The question for decision was whether that conduct amounted to an indecent assault. Lord Goddard C.J. said at p. 834: An assault can be constituted, without there being battery, for instance by a threatening gesture or a threat to use violence against the person, but I do not know any authority which says that where one person invites another person to touch him that can be said to be an assault … I cannot hold that an invitation to somebody to touch the invitor can amount to an assault on the invitee … It seems to me there must be an act done to a person.

Other Questions


If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
What is the test for determining whether a person has been injured by another person? (British Columbia, Canada)
How does a resulting trust arise when a person contributes to the purchase price of a property and the property is then placed in another person's name? (British Columbia, Canada)
What constitutes “substantial success” in a personal injury action? (British Columbia, Canada)
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
Can a third party resident of another province resident in another province be ordered to produce his or her records to a litigant? (British Columbia, Canada)
Can an employee of the City of Toronto who has been convicted of sexual assault in a criminal proceeding to a labour arbitration claim that the assault did not occur? (British Columbia, Canada)
Can a personal representative of the deceased's estate make a claim under s. 151(3) of the BC Supreme Court of Justice for personal representative leave to continue to pursue his claim? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
What is the impact of personal experiences on the assessment of non-pecuniary damages in a personal injury action? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.