Sexual Offences - Table of Non-Consent Flashcards
What is the definition of Consent?
an agreement by choice, by someone who has the freedom and capacity to make that choice
Where is the definition of Consent found?
s.74
What must V do to give their consent?
V must express their choice to agree in some way
Is not resisting enough to give consent?
Relevant cases?
No, Failure to resist does not imply agreement
Relevant cases: R v Malone [1998], R v Hysa, MC v Bulgaria [2005]
Does a lack of agreement on other matters affect the consent to physical acts?
Relevant cases?
No, it does not matter if they do not agree on other matters
Relevant cases: R v Linekar [1995], R v B [2006].
What is required for the expression of agreement?
what happens if there is no intention?
V must intend to indicate agreement
If there is no intention, then consent is not present, regardless of appearances.
Relevant cases for expression of agreement?
- R v Ciccarrelli [2011]
- Assange v Swedish Prosecution Authority [2011]
- R (F) v DPP [2013]
What does the complainant need to have to agree by choice?
Relevant cases?
The capacity to agree by choice, including a minimum understanding of the sexual act and its potential consequences
Relevant cases: R v Williams [1923], R v G [2008], R v Bree [2007].
What is Conditional Consent?
Relevant cases?
Consent that is given under specific conditions
Relevant cases: R v C [2012], R v C [2009].
How do you establish whether V was free to agree?
Relevant cases?
Determining whether V acquiesced or merely submitted, which is evaluated by the jury
Relevant cases: R v Olugboja [1982], R v Kirk [2008], R v Jheeta [2007], R v C [2012]
Does merely submitting mean that a person was free?
No, V doesn’t give their consent if they merely submitted
What does s.75(2)(a)-(c) outline?
Situations where the jury should rebuttably presume that consent was not freely given
These presumptions can be rebutted.
What must the jury be sure of regarding D’s belief in the complainant’s consent?
Relevant cases?
That D did not reasonably believe that the complainant had given consent
Relevant cases: R v Satnam and Kewell [1984], R v B [2013], Whitte [2006], R v B [2013]
What does s.76 discuss?
Is this sesction read narrowly or not?
Deceptions related to consent
The section has limited definitions, focusing on whether V was deceived about the nature or purpose of the act.
Relevant cases for s.76 - deception
- R v Green [2002] → helpful pre-SOA case
- R v Jheeta [2007]
- R v Devonald [2008] → almost certainly wrongly decided
- R v B [2013]
- R v McNally [2013]
