Consent – The Many Complications
A person consents if he/she agrees out of choice and has the freedom and capacity to make that choice. This can be confused when it comes to drunk consent. Drunk consent still counts as consent, until the person loses their capacity to choose (due to alcohol). Consent is frequently an issue in rape cases, leaving the Court to focus on the following:
- Did sexual intercourse take place?
- Did the complainant consent to sexual intercourse?
- Did the complainant have the freedom and capacity to consent?
- Did the defendant reasonably believe that the complainant was consenting? (Does not apply to all cases)
The decision lies within the jury, where they identify issues of capacity and consent after hearing all evidence. Consent can be proved through a written contract, although this is obviously rarely available in cases which involve allegations involving sexual offences. For a defendant to say that they genuinely believed the other person had given consent, there must be specific evidence to prove and identify why they were certain that the other person was consenting. Sometimes consent is given on condition, e.g. the use of a condom. If one is not used, the ‘consent’ could be invalid. Some female defendants who have pretended to be male, have been found guilty because the complainant said they would not have consented if they were aware the defendant was a female.
How Tuckers Solicitors can help you…
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