Can an accused commit indecent assault through masturbation?

–  Assize jury will decide on Monday
JUSTICE Roxanne George is the presiding Judge at a jury trial in which 21-year-old Kenneth Gilbert  allegedly  indecently assaulted  a six-year-old  girl on June 8, 2006.
She will sum up the evidence on Monday morning, after which she will hand over the case to the jury for their consideration and verdict.
The prosecution, led by Miss Konyo Sandiford in association with Miss Prithima Kissoon, said it was reported to the police that the accused was masturbating over a six-year-old girl when a white substance was found between her legs.
When challenged by the Police, he denied the charge of indecent assault but told the cops, “I only pumped”.  He was charged with indecent assault.
Defence counsels, Mr. George Thomas and Mr. James Bond, urged the jury to find that the prosecution had failed to make out a prima facie case against the accused for the offence of indecent assault, on the ground that the white substance which was found on the legs could have come from anywhere, since nobody saw the accused  place it there.
All the mother of the girl had said to the police was that she had bathed the girl and placed her to sleep  on a chair, in her home where the accused also lived  with his older brother, who is a friend of her’s.
The mother said that she later saw the accused with his pants down and leaning on the chair where the girl was. She examined the girl and found her under garment was pulled down and that there was a white substance between her legs.   
The girl was taken to the doctor but the doctor  found that the  girl’s hymen was intact.,
The defence counsel had asked the jury to remember that they had been instructed  to find  the accused not guilty of  carnal knowledge and that they should  do likewise by finding the accused  not guilty of indecent assault.
On the other hand, the prosecutor reminded the jury  that they had taken an  oath to  give  a  verdict in accordance with the evidence and urged them to do exactly  that.
The hearing continues on Monday.

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