A rape victim’s evidence that she had little memory of the events was not sufficient for the judge to remove the case from the jury. There had been sufficient evidence for the jury to decide whether the victim had consented.
CONSENT CRIMINAL PROCEDURE INTOXICATION NO CASE TO ANSWER RAPE
A jury had been given adequate directions in relation to the issue of consent before it found a defendant guilty of rape, assault by penetration and sexual assault following a sexual encounter at a party between the defendant and a woman who was heavily intoxicated. The judge had fully dealt with the elements of capacity and it had not been necessary for him to indicate that a drunken consent remained a consent.
CONSENT CORRECT JURY DIRECTION IN RELATION TO CAPACITY TO CONSENT BY INTOXICATED COMPLAINANT CRIMINAL LAW CRIMINAL PROCEDURE INTOXICATION JURY DIRECTIONS RAPE SUMMING UP
It could not be emphasised too much that where a woman was too ill or too unfit, for whatever reason, to consent to sexual activity she had to be left alone, and the exploitation of her vulnerability would be an aggravating rather than a mitigating feature.
APPROPRIATE SENTENCE ASSAULT BY PENETRATION COMPLAINANT ASLEEP CONSENT CUSTODIAL SENTENCES INTOXICATED AND NOT CONSENTING INTOXICATION OFFENDER TAKING ADVANTAGE OF COMPLAINANT’S VULNERABILITY SENTENCE LENGTH SENTENCING SEXUAL OFFENCES
Please use the form below to make contact. Your email will be responded to promptly (we endeavour to respond to all email enquiries within one hour). Alternatively, you can call Stephen's firm, Twelve Tabulae Limited, on +44 (0) 203 846 5801.