What do you characterize 'nekkid kissy face' as? My understanding is the witness, JP, doesn't even know himself if he had sexual intercourse with NC. He does know he had nekkid kissy face with her though. Perhaps you can correct my assumption? I'd ask Nancy for her side, but then she's dead and my mind is foggy today. Not sure my psychic side can get through to reach nancy.
It was a 'sexual encounter'. This is witness testimony, no need for interpretation. You can spin it however you want, it's no different from BC and HM in the closet as far as adultery goes.