| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 412 (Mar) |
| Neutral Citation: | [2007] EWCA Crim 256 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Sir Igor Judge P, Hallett LJ and Gloster J |
| Representation | Stewart Patterson (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Nicholas Tucker (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 26 March 2007 |
Catchwords
Criminal law - Rape - Consent - Complainant's voluntary intoxication - Relevance of complainant's intoxication to issue of consent - Freedom and capacity to consent - Judge's directions - Whether conviction unsafe - , s 74.
The Case
Criminal law Rape. On the proper construction of s74 of the in the context of voluntary intoxication by the complainant, if, through drink or some other reason, the complainant had temporarily lost her capacity to choose whether to have intercourse on the relevant occasion, she was not consenting and, subject to questions about the defendant's state of mind, if intercourse took place, that would be rape. However, where the complainant had voluntarily consumed even substantial amounts of alcohol but nevertheless remained capable of choosing whether or not to have intercourse, and in drink had agreed to do so, that would not be rape.
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