Is This Rape?

[SoccerTrack23]

My girlfriend liked this guy so she brought him to her house and he came in her room in the middle of the night while she was sleeping but she woke up and he was naked and she was also naked but he didnt have sex with her or penitrated her in anyway but he was touching her all over the place and she also didnt yell stop so did she get raped?

[New Judge]

I think the issue has been well addressed already. As has been said, your description most certainly does not constitute rape. Whether there is sufficient evidence to support sexual assault is difficult to say. However, one important point to remember:

"I just want to figure out what I can charge him with"

You cannot charge him with anything. The Crown Prosecution Service (CPS) figures that out and lays charges where appropriate.

"It's up to your girlfriend to press charges."

No it's not. As above the CPS decides whether or not to launch a prosecution and they will do this with or (if they can and must) without the co-operation of the alleged victim.

"...im just want to figure out what law it is "

She should take her concerns to the police and let them, along with the CPS, do the figuring.

"Im not going to take him to court "

Sorry to labour the point but it has now been mentioned a few times. "Taking him to court" (whether you intend to or not) is not within your gift. Your "law enforcement class" should have taught you that in the UK charging decisions are made by the CPS and no other person (including the victim) has the option.

[EDDIE51]

^^ Thanks New Judge, it is frightening sometimes when people post inaccurate information on AB especially in case's as potentially serious as this could been. Can I please ask AB members that if you not know the correct answer to a legal question you do not make a comment?