Well, I can almost see the point that there needs to be a criteria to draw a line where there’s no way to call it accidental or incidental contact on a legal level.
However, I just groped my wife’s bobs for five seconds and she asked if it was foreplay or just because I was bored.
So, I think we can safely say that it sure as fuck isn’t ten seconds before it can be definitively called groping for the purposes of assault if five seconds between a couple is going to be noticeable as more than a friendly way of saying hello.
In other words, the judge is fucking crazy lol.
Not to mention that
a) going under the plaintiff’s outer clothing very clearly moves the onus of demonstrating that it was accidental back on the accused’s side, because no reasonable third-party can accept that you can accidentally slip and fall into someone’s pants
and
b) the accused admitted that the action was intentionally non-consensual, but their defence was that the motive was non-malicious
Even before we look at the duration, there are other factors that make the case way more clear-cut than this judge thinks it is.
