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R v C (2008) EWCA Crim 1155: Difference between revisions

(New page: ''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...)
 
m (Text replacement - "Capacity to consent to sexual relations cases" to "Sex and marriage cases")
 
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''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''
{{Case
 
|Date=2008/05/23
==External link==
|NCN=[2008] EWCA Crim 1155
[http://www.bailii.org/ew/cases/EWCA/Crim/2008/1155.html Bailii] - not on Bailii at time of writing
|Court=Court of Appeal (Criminal Division)
 
|Judges=Phillips, Bean, Wilkie
[http://www.criminalsolicitor.net/GL_Display.asp?SEC=5&EntryID=3093 Criminal Solicitor Dot Net] - Detailed summary here (registration required but is free)
|Parties=C
 
|Judicial history=*[[R v C (2009) UKHL 42]]
{{stub}}
*[[R v C (2008) EWCA Crim 1155]]
 
|Sentence=Capacity to consent to sexual activity
[[Category:Criminal law]]
|Summary=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.]
[[Category:Capacity]]
|Detail===Note==
[[Category:No summary]]
House of Lords leave to appeal given, 10/02/09.
[[Category:No transcript]]
|Subject=Sex and marriage cases, Criminal law capacity cases
[[Category:2008 cases]]
|Judgment=(2008) EWCA Crim 1155.pdf
|News=No
|RSS pubdate=2019/02/23 08:50:59 PM
}}

Latest revision as of 21:29, 6 June 2023

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 checked last night, but might have appeared since)
Download here

Subject(s):

  • Sex and marriage cases🔍
  • Criminal law capacity cases🔍

Date: 23/5/08🔍

Court: Court of Appeal (Criminal Division)🔍

Judicial history:

Judge(s):

Parties:

Citation number(s):

  • [2008] EWCA Crim 1155Not on Bailii!

What links here:

Published: 14/12/08 22:51

Cached: 2025-06-12 18:27:44

Retrieved from "https://www.mentalhealthlaw.co.uk/index.php?title=R_v_C_(2008)_EWCA_Crim_1155&oldid=61852"