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Drilldown: Cases

Not many cases (187) have been added to the database so far. To see the full list of cases (2018) go to the Mental health case law page.

Cases > Subject : Criminal law capacity cases or Other capacity cases or Reporting restriction order cases & Court: Court of Appeal (Criminal Division)

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Page name Sentence Summary
R v C (2008) EWCA Crim 1155 Capacity to consent to sexual activity 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.]

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