If the complainant consented to sexual activity against her inclination because she was frightened of the defendant, even if her fear was irrational and caused by her mental disorder, it did not follow that she lacked the capacity to choose whether to agree to sexual activity. [Overturned on appeal.]

Related judgments

R v C (2009) UKHL 42

• R v C (2008) EWCA Crim 1155

External link

Bailii - not on Bailii at time of writing

Criminal Solicitor Dot Net - Detailed summary here (registration required but is free)

ICLR - House of Lords leave to appeal given, 10/02/09