The defendant appealed his conviction for rape. He said the girl had consented, despite having drunk substantial quantities of alcohol.
Held: The voluntary consumption of much alcohol did not remove the possibility that the girl had consented to sex. Capacity to consent might evaporate well before she became unconscious, but it was a question of fact in each case. The Act defined consent by reference to capacity to make the choice. Any problems woiud arise not from the definition, but from the infinite variety of human life.
Judges:
Sir Igor Judge P, Hallett LJ, Gloster J
Citations:
Times 07-May-2007, [2007] EWCA Crim 804, [2007] 2 All ER 676, [2007] 3 WLR 600, [2008] QB 131
Links:
Statutes:
Sexual Offences Act 2003 1 74, Criminal Justice Act 2003 74
Jurisdiction:
England and Wales
Crime
Updated: 10 July 2022; Ref: scu.251413
