Consent obtained by duress

Question 1

When would consent by invalidated

Answer 1

Any treat to D to harm of imprison V if V did not consent

Question 2

If consent is gained through fear will this allow a defence

Answer 2

The consent may not be true

Question 3

Case where consent was not true because it was obtained through fear

Answer 3

Olugboja

Question 4

Why is that consent obtained through fear of duress is not true

Answer 4

because it is not given voluntarily

Question 5

Legal principle from Olugboja

Answer 5

Difference between consent and submission; every consent involves a submission, but a submission doesn’t mean there is consent

Question 6

Facts of Olugboja

Answer 6

Two girls given a lift home by disco man, but he took them to his house instead of home, the girls refused to go in and walked away. He followed them in his car, picked on girl up and raped her.
Picked the other one and took her to his house where D (Oluboja) was. Laval raped one and D told the other girl to take off her trousers in fear she complied and D then raped her she did not resist or scream,
D convicted of rape and appealed claiming V had consented but conviction upheld because V had submitted but had not consented