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 checked last night, but might have appeared since)
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Subject(s):

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

Date: 23 May 2008🔍

Court: Court of Appeal (Criminal Division)🔍

Judicial history:

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

Judge(s):

• Phillips🔍
• Bean🔍
• Wilkie🔍

Parties:

• C🔍

Citation number(s):

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

What links here:

• R v C [2009] UKHL 42

Published: 14/12/08 22:51

Cached: 2025-07-08 13:17:51