The defendant faced charges of rape and of assault with intent to commit rape. The court was asked whether a jury could convict without being convinced that rape was in his mind.
Held: Channell B directed the jury: ‘even to convict of an assault with intent to commit a rape, and a multi fortiori, in order to convict of a rape, they must be satisfied that there was an intention to commit the act, notwithstanding any resistance on the part of the prosecutrix.
For it was of the essence of the offence that it should be committed without the will and against the consent of the prosecutrix. . . . Both charges required an intent on his part to commit the act by force against her will.’
(1864) 4 F and F 967
England and Wales
Cited – Regina v Morgan HL 30-Apr-1975
The defendants appealed against their convictions for rape, denying mens rea and asserting a belief (even if mistaken) that the victim had consented.
Held: For a defence of mistake to succeed, the mistake must have been honestly made and need . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 January 2022; Ref: scu.258677