I agree.  This is a major flaw in our criminal justice system -- the "victim" decides if a crime has been committed.  There are many unanswered questions about the definition of "sexual assault" or "sexual harassment" with which I would love to challenge the Supreme Court, but in this limited space, here's something to consider:
If my barber (female) rubs her breasts on my upper arm while she is cutting my hair, has a crime been committed?