The appellant appealed his conviction for sexual assault.
He had forced his way into the complainant's apartment, confined her, and eventually ordered her to watch him masturbate.
The appellant argued that because he did not touch the complainant or verbally threaten her, his actions did not amount to a threat of sexual assault.
The Court of Appeal dismissed the appeal, holding that in the context of the violent and sexualized atmosphere created by the appellant, his actions constituted a threat to apply force of a sexual nature.