If all the evidence of sexual assault is his hands hovering over her fully clothed chest then I would say that's a pretty weak case. As for the kiss, it seems like a miscommunication at worst.
Look at her recounting. First, it was a comedic show that she knew would be full of sexual innuendo. She was not unaware of this and in fact stated as much:
She lays out her expectations in her mind, but also makes it clear that she never vocalized those expecations to Franken. In fact, she says:The headliner was comedian and now-senator, Al Franken.
Franken had written some skits for the show and brought props and costumes to go along with them. Like many USO shows before and since, the skits were full of sexual innuendo geared toward a young, male audience.
Then, she again describes her mindset, but fails to vocalize this:As a TV host and sports broadcaster, as well as a model familiar to the audience from the covers of FHM, Maxim and Playboy, I was only expecting to emcee and introduce the acts, but Franken said he had written a part for me that he thought would be funny, and I agreed to play along.
He insists and she consents. The kiss is more aggressive than she expects, and she tells him not to do it again. He follows her wish.When I saw the script, Franken had written a moment when his character comes at me for a ‘kiss’. I suspected what he was after, but I figured I could turn my head at the last minute, or put my hand over his mouth, to get more laughs from the crowd.
On the day of the show Franken and I were alone backstage going over our lines one last time. He said to me, “We need to rehearse the kiss.” I laughed and ignored him. Then he said it again. I said something like, ‘Relax Al, this isn’t SNL…we don’t need to rehearse the kiss.’
So what exactly is the problem here? This is exactly the kind of 'sexual assault' cases that people roll their eyes at, because they detract from real, damaging sexual assault. She consented, got something that was a bit more than she expected, told him not to do it again, and he obeyed. That's a normal human interaction.He continued to insist, and I was beginning to get uncomfortable.
He repeated that actors really need to rehearse everything and that we must practice the kiss. I said ‘OK’ so he would stop badgering me. We did the line leading up to the kiss and then he came at me, put his hand on the back of my head, mashed his lips against mine and aggressively stuck his tongue in my mouth.