Date Rape Prosecutions
1. R v. Bree [2007] EWCA Crim 804
Facts: The complainant had sexual intercourse with the defendant after consuming alcohol voluntarily. She claimed she could not fully consent due to intoxication.
Legal Issue: Whether a person who is voluntarily intoxicated can consent to sexual activity.
Court’s Decision: The Court of Appeal held that even if a person is drunk, they may still have the capacity to consent. However, if their ability to consent is significantly impaired, it could amount to rape. The court emphasized the importance of evaluating whether the complainant had the capacity to make a choice.
Significance: Established that voluntary intoxication does not automatically invalidate consent, but consent must be real and informed.
2. R v. Olugboja [1982] QB 320
Facts: The defendant had sexual intercourse with a woman who had earlier been intimidated. She did not resist physically but claimed she did not consent.
Legal Issue: Whether submission under fear or pressure counts as consent.
Court’s Decision: The court ruled that consent obtained through fear or duress is not genuine consent. Submission does not equal consent.
Significance: Clarified that passive compliance does not constitute consent, a principle often applied in date rape cases where the victim may not physically resist.
3. R v. H [2005] EWCA Crim 727
Facts: Involved a defendant who engaged in sexual activity with a young woman in a dating context after extensive drinking. She claimed she did not remember consenting due to alcohol.
Legal Issue: Consent under intoxication and memory loss.
Court’s Decision: Court found that if the complainant lacks conscious agreement due to intoxication, this can amount to rape. However, it must be proven that the complainant’s ability to make a rational choice was impaired.
Significance: Reinforced the principle that incapacity due to alcohol is central to proving lack of consent in date rape cases.
4. R v. Jheeta [2007] EWCA Crim 1699
Facts: The defendant engaged in sexual activity with a woman who had been psychologically manipulated into compliance through threatening messages and deception.
Legal Issue: Can consent obtained through deception be valid?
Court’s Decision: Court held that consent obtained by deception related to the nature of the act or the circumstances surrounding it can amount to rape.
Significance: Expanded the scope of date rape prosecutions to include psychological coercion and manipulation, even if no physical force is used.
5. R v. Devonald [2008] EWCA Crim 111
Facts: The defendant sent sexually explicit images to the victim online and coerced sexual activity by threatening to release them, leading to sexual activity in person.
Legal Issue: Whether consent obtained through threats or coercion counts as valid consent.
Court’s Decision: Court found that consent obtained through threats is invalid. The defendant was convicted of rape.
Significance: Reinforced that date rape can include coercion by threats or manipulation, not just physical force.
6. R v. B [2013] EWCA Crim 823
Facts: The complainant was on a date and drank alcohol, eventually falling asleep. The defendant had sexual intercourse with her while she was asleep.
Legal Issue: Can someone consent while unconscious or asleep?
Court’s Decision: Consent requires conscious agreement. Sexual activity with an unconscious person is automatically non-consensual and constitutes rape.
Significance: Date rape law applies strictly; lack of consciousness nullifies consent, even in a dating context.
Summary Principles from these Cases
Consent is key: Submission or failure to resist does not equal consent (Olugboja).
Intoxication matters: Voluntary alcohol or drug use can impair the ability to consent (Bree, H, B).
Deception and coercion invalidate consent: Psychological manipulation or threats make consent legally ineffective (Jheeta, Devonald).
Unconscious or sleeping victims: Consent is impossible (B).
Date context does not excuse rape: Prior familiarity or dating relationship is irrelevant; lack of consent is the decisive factor.
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