Where an indecent assault charge involves touching of a body area with inherent sexual connotation (breasts, genitals, anus), the sexual connotation derives directly from the area touched and no additional jury direction on the accused's motivation is required. An additional direction on motivation is only necessary where the assault is objectively equivocal as to sexual connotation. A mistake of fact direction under s 24(1) of the Criminal Code (Qld) is the appropriate vehicle for addressing a claim that the accused intended to touch a different person or body part.
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