Q: Is groping someone while you’re sleeping assault? You have no recollection of doing it/they didn’t wake you up or stop u
They couple is dating
A: Absolutely can. Big question of fact as to how a jury would see this, but if the prosecution can show the touching was not accidental, and that it was for some sexual purpose / gratification, it could lead to a conviction. Doesn't really matter if the accused recalls it, or if the victim didn't stop it.
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