Or maybe the difference is consent. With one she consented and not with the other. Neither we know if she had clearly communicated to the man she denounced that she was uncomfortable with him touching her. If she communicated that, then he was crossing a boundary. And she might be already friendly with the attractive man, previously flirted back, etc.

I don't think that touching a shoulder is sexual assault, but ignoring the part about consent (that you can give to one man, but not to other) is unfair and a double standard. We don't counsider a double standard that a man "flirts" with a woman he considers attractive but not with a woman he doesn't consider attractive. So why we consider a double standard that a woman allows only men she likes and feel comfortable with to touch her? If a woman allows her boyfriend to touch her breast, does that mean she should allow other men to do the same? No? Then it is the same for her shoulder, her hair or any other body part. That men ignored consent, that was why she filed a lawsuit.

Also, men rarely have to worry about being touched without consent. I mean, would heterosexual men be Ok with other men flirting the same way (touching their shoulder) if they aren't interested? After all, the only difference would be that they won't find a man attractive, but it is just flirting! ;)

We are so used to "flirting" that ignores if women are interested back that we think that someone touching them is "no big deal", but when you turn it around and a man do the same thing to another men, then suddently it is terrible "because they are not gay". As a basic rule, people should touch or invade other people personal space without making sure they are comfortable with it.

Lets face it, if a gay boss sneaked behind an heterosexual man that is his direct report, got so close that there is just one inch separation and smelled his shapoo. Even if he says nothing and hasn't touche him, no one would doubt that it is creepy and sexual. Yet, when an heterosexual men do this kind of thing to a woman who has shown no sing of interest at all (or that might have even said she is uncomfortable), we are all expected to give it a pass because it is "just flirting" and it would be "unfair if we treat unnatractive men differently". Sorry, but no. People have a right to their boundaries and that is not a double standard, is just saying that you have a right to choose who you allow to touch you and who you won't allow.