The actus reus of the offence of rape was an act of sexual intercourse to which the complainant did not consent at the time it occurred.
Citations:
[1981] EWCA Crim 2, 73 Cr App R 344, [1982] QB 320
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Malone CACD 1-May-1998
The defendant appealed his conviction for rape, arguing that the girl, though drunk, had consented.
Held: The Court approved the judge’s direction as follows: ‘She does not claim to have physically resisted nor to have verbally protested. She . .
Cited – Regina v Robinson CACD 23-Mar-2011
Earlier Acquittal not for mention on retrial
The defendant appealed against several convictions for serious ‘historic’ sex abuse. He said that there was insufficient evidence before the court to decide that the complainant had been under 14 at the time, and that any consent was vitiated. He . .
Cited – Regina v Linekar CACD 21-Oct-1994
L appealed against his conviction for rape. His victim was a woman working as a prostitute. He said that he had simply made off afterwards without payment. He was convicted on the basis that he had procured the act by a false pretence by him that he . .
Cited – Monica, Regina (on The Application of) v Director of Public Prosecutions Admn 14-Dec-2018
Deception as to identity did not undermine consent
The claimant had been an environmental campaigner. She had had a sexual relationship with a man who was unknown to her an undercover police officer. She now challenged the decision not to prosecute him for rape.
Held: Her claim failed. Case . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 26 November 2022; Ref: scu.247940