The defendant appealed his conviction of sexual activity with a person wth a mental disorder. He said that the victim had consented. The court had said that her consent was vitiated by virtue of her mental disorder.
Held: For mental disorder or incapacity to found such a prosecution, the lack of capacity had to be severe even if as in this case the consent had also been induced by an element of fear.
Judges:
Lord Phillips of Worth Matravers, Lord Chief Justice, Mr Justice Bean and Mr Justice Wilkie
Citations:
Times 09-Jun-2005
Statutes:
Jurisdiction:
England and Wales
Crime
Updated: 15 August 2022; Ref: scu.277724
