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Regina v C (Mental disorder: Sexual activity): CACD 23 May 2008

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:

Sexual Offences Act 2003 30

Jurisdiction:

England and Wales

Crime

Updated: 15 August 2022; Ref: scu.277724

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