What makes unwelcome contact be of a sexual nature?

[Bengalzona]

(10-04-2019, 01:42 PM)Belsnickel Wrote: Alright, so admittedly this is me trying to work through something for something I am doing for my workplace. Details will be sparse for obvious reasons. Male, who happens to be gay, smacks female on her ass. This makes female feel uncomfortable. The main argument from the male is that because he is gay it was clear the contact was not of a sexual nature. However, the female still felt the contact was sexual even knowing the male is gay.

Would you still consider this contact to be sexual in nature? Have you ever seen this sort of thing before? I'm genuinely not looking for an argument on this. I have a case I am working through where this is a question I have to wrestle with and I am conflicted.

Well, you know I'm automatically attracted to beautiful—I just start kissing them. It's like a magnet. Just kiss. I don't even wait. And when you're a star, they let you do it. You can do anything. Grab 'em by the p***y. You can do anything!

[Sociopathicsteelerfan]

(10-04-2019, 01:42 PM)Belsnickel Wrote: Alright, so admittedly this is me trying to work through something for something I am doing for my workplace. Details will be sparse for obvious reasons. Male, who happens to be gay, smacks female on her ass. This makes female feel uncomfortable. The main argument from the male is that because he is gay it was clear the contact was not of a sexual nature. However, the female still felt the contact was sexual even knowing the male is gay.

Would you still consider this contact to be sexual in nature? Have you ever seen this sort of thing before? I'm genuinely not looking for an argument on this. I have a case I am working through where this is a question I have to wrestle with and I am conflicted.

I realize I'm coming to this thread late (had no time today spent half of it testifying in court).  As others have said, contact with any area that makes the person being touched uncomfortable is not allowed.  While contact "where your bathing suit covers" is considered contact of a sexual nature it's not the entirety of such contact.  A person coming up behind another and messaging their shoulders could be as well.  It's intimate contact that is unwelcome.  Even if it's welcome it shouldn't be occurring at work, ever.

Sexual orientation means absolutely nothing and does not exacerbate or mitigate such touching.