1. On an overcrowded MTR train, another person's private parts touched my body. Would that be considered as an indecent assault?

1. On an overcrowded MTR train, another person's private parts touched my body. Would that be considered as an indecent assault?

It depends on whether the touching was intentional or accidental. If it was intentional and without your consent, it would have been considered as an assault. A reasonable person would likely consider the touching of another's body by one’s private parts to be an act of indecency. If the touching was accidental and contact would have been inevitable due to an overcrowding situation, no assault would have been committed. We are all treated as consenting to the inevitable personal contact arising from daily life. However, if the overcrowding was used as an opportunity to commit an assault, it would be considered an indecent assault.

The court will examine all the evidence provided by both parties, including any explanation of the incident given by the defendant (if he chooses to provide one), whether at the time or subsequently, and the circumstances in which the alleged contact occurred. It will then decide whether the alleged contact was accidental or deliberate.