For an act to constitute indecent assault, the indecent circumstances must directly accompany the assault — either through the sexual nature of the act itself, associated touching, or a specific intention to obtain sexual gratification. There is no principle of continuing offence that allows prior conduct to supply the indecent character. Where a jury has acquitted on counts relating to prior conduct, that conduct cannot be relied upon to establish indecent circumstances for a remaining count, as this would effectively undermine the acquittals.
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