I have recently seen a grandma kissing the crotch of a girl of age 5-6 through panties in a public place. She was holding the girl in hands. Is this illegal? Is it legal only for women to do?
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2Which state/country?– GreendrakeMay 19, 2021 at 7:36
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3Most jurisdictions shy away from clearly defining what acts are and are not sexual acts according to criminal law and instead leave space for interpreting nuance and context. This question really needs a jurisdiction tag.– PhilippMay 19, 2021 at 8:29
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Where did this take place at? Has it happened more than once?– CDAMay 19, 2021 at 18:15
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1@forest she was kissing her pussy via panties. It seems she wanted the girl to handwave to me but the girl had no interest.– AnixxMay 20, 2021 at 0:55
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1@Anixx The original question used the informal term "pussy", which is often considered to be a crass term in English. Whoever edited it assumed you meant the specific part of female anatomy. Also remember that, even if it's legal for both men and women, the law is not entirely unbiased. An old woman kissing a young girl in a way that some might consider sexual is going to end in a very different way than it would for a old mustached man, even if the intent is the same.– forestMay 20, 2021 at 1:01
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1 Answer
Is this illegal?
- YES, NO, MAYBE Context is everything, and it depends on whether this was just playful (for want of a much better word) or sexual touching.
Assuming that the "grandma" is actually her grandmother, the likely offence - if there is one at all - would be sexual activity with a child family member contrary to s.25 of the Sexual Offences Act 2003:
- A person (A) [i.e. grandma] commits an offence if —
(a) [s]he intentionally touches another person (B) [i.e. the child],
(b) the touching is sexual,
(c) the relation of A to B is within section 27 [which includes grandparents],
...
(e) —
...
(ii) B is under 13.
Touching is defined at s.79(8):
(8) Touching includes touching —
(a) with any part of the body,
...
(c) through anything [e.g. panties]
...
Sexual is defined at s.78 as:
penetration, touching or any other activity is sexual if a reasonable person would consider that —
(a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or
(b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.
A key point to prove is whether s.25(1)(b) is met or not, so again: context is everything.
Is it legal only for women to do?
- NO - Both males and females (over the age of criminal responsibility of 10) can commit any sexual offence apart from rape which is purely male-specific for anatomical reasons.
