There is no need on a charge alleging rape to separate into separate counts on the indictment allegations of acting knowingly and acting recklessly as to whether the woman consented. That the prosecution had set out to establish knowledge of lack of consent did not mean that they had abandoned an assertion of recklessness. It would be foolish and bizarre of a prosecutor to do so.
Citations:
Times 13-Feb-2001
Statutes:
Jurisdiction:
England and Wales
Criminal Practice
Updated: 05 August 2022; Ref: scu.88456
