What makes unwelcome contact be of a sexual nature?

[BmorePat87]

(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.

Yes, I think it's safe to say that genitals, breasts, and ass instantly makes something sexual, regardless of the intent.

I've never seen this before at work. I've seen male and female coworkers talking or joking about sexual content in a platonic way and I've seen male coworkers jokingly make sexual comments to each other, but I've never seen any ass slapping. 

This is similar to that time the gay red carpet presenter grabbed Scarlet Johannson's boob.