That's not what I asked. Many women will cover for someone for various reasons. I'm asking legally at what point is it assault? They admitted it was unwanted and uncomfortable.
If someone kissed your mom, wife, or daughter on the mouth the way Biden was hitting up these ladies would you consider it assault? Or just a violation of personal space?
I mean, in one sense it matters because if the woman doesn't consider it assault and refuses to press charges, then legally speaking it's not. Also in this case it matters because there were only two people present and Biden isn't going into details, so Flores' account is the only one we have. If she says it wasn't assault, on what grounds are we contradicting her?
But if you're asking for my (non-lawyer) opinion on what constitutes assault, I'd say there needs to be a degree of violence, sexual or otherwise, related to the touching. Kissing on the mouth in a context where you would have no reason to believe it would be welcome (and I suppose it would matter if it were a deep kiss vs. a peck), groping the body, grabbing the person roughly, hitting, kicking, shoving hard, pulling hair, etc. In all of the accounts we've heard about Biden, I do not recall any where there was even a suggestion of violence.
But I've never thought this through, and if I'm being totally honest, I'd probably rely more on the "Potter Stewart rule", after the Supreme Court justice who said of pornography, "I know it when I see it."