What constitutes offensive contact in sexual conduct cases?

In the context of sexual conduct cases, offensive contact is defined primarily by the absence of consent from the plaintiff. When a person experiences contact that they did not agree to, it can be categorized as offensive regardless of whether the contact resulted in physical harm. Offensive contact is fundamentally about the violation of a person's autonomy and personal boundaries. Therefore, if an individual engages in contact with another person without the latter's consent, it constitutes offensive contact.

This principle emphasizes the significance of consent in sexual conduct cases, where the lack of agreement transforms what could be perceived as benign or routine physical interaction into a potentially unlawful act. The focus is not on the outcome or the physical injury that may or may not occur, but rather on the fundamental rights of individuals to control what happens to their bodies.

In contrast, options that involve situations of consent, whether regrettable or verbally agreed upon, do not fit the definition of offensive contact. As such, any instance of contact that is consensual is generally not considered offensive, indicating the clear boundary established by the requirement of consent in determining the nature of the interaction.