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.]

Note

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

CASES DATABASE

Full judgment: Possible Bailii link (not there when last checked, but it might have appeared since 0700 this morning!)
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Subject(s):

• Capacity to consent to sexual relations🔍
• Criminal law capacity cases🔍

Date: 23/5/08🔍

Court: Court of Appeal (Criminal Division)🔍

Judge(s):

• Phillips🔍
• Bean🔍
• Wilkie🔍

Parties:

• C🔍

Judicial history:

• R v C [2009] UKHL 42
• R v C [2008] EWCA Crim 1155

Citation number(s):

• [2008] EWCA Crim 1155^{Not on Bailii!}

What links here:

• D County Council v LS [2010] EWHC 1544 (Fam)
• December 2008 chronology
• December 2008 update
• Re AB; D Borough Council v AB [2011] EWHC 101 (COP)
• Re MAB; X City Council v MB [2006] EWHC 168 (Fam)

Published: 14/12/08 22:51

Cached: 2021-03-07 17:44:09