Regina (F) v Director of Public Prosecutions – WLR Daily

Posted May 16th, 2013 in consent, Crown Prosecution Service, law reports, prosecutions, rape by sally

Regina (F) v Director of Public Prosecutions [2013] EWHC 945 (Admin); [2013] WLR (D) 178

“For the purposes of an offence of rape contrary to the Sexual Offences Act 2003, choice was crucial to the issue of ‘consent’ to sexual intercourse. Evidence relating to ‘choice’ and the ‘freedom’ to make any particular choice had to be approached in a broad common sense way. Where a man deliberately ignored the basis of his partner’s consent to penetration as a manifestation of his control over her consent to penetration could be vitiated and give rise to a conviction for rape.”

WLR Daily, 24th April 2013