Following elements that a prosecutor must prove include:
- The accused had requisite intent and applied force to the victim
- The victim did not consent to the application of force
- The accused knew the victim was not consenting
- The physical touching was sexual in nature
These elements are complex, but if a reasonable doubt is raised regarding any single element, it is possible to be acquitted under the law. These individual elements must be proven together, and if the Crown cannot prove a single element, you cannot be convicted of sexual assault.