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kembaraXtra-Case Law-Cooper and Schaub (1994)
Case Overview:
Case Overview:
- Defendants (Ds): Two individuals, D1 and D2.
- Victim (V): A woman who accepted a ride home from the Ds after meeting at a pub.
- Alleged Crime: Rape.
- Defense: The Ds claimed that V had consented to the sexual activity.
- The Ds offered V a ride home from a pub.
- V fell asleep in the car.
- D2 had sexual intercourse with V while D1 put his penis in her mouth.
- The Ds then switched places.
- V did not consent to the sexual activity.
- The jury was instructed that if they found V initially consented but subsequently withdrew her consent, then the act constituted rape.
- Both Ds were convicted.
- The Ds appealed their convictions.
- Held: Penetration is a continuing act.
- If a man continues to penetrate a woman after she has withdrawn consent, he commits rape.
- The judge's direction to the jury was not a misdirection.
- Implication: Consent must be present throughout the entire act of penetration. Withdrawal of consent at any point during penetration makes the act rape.
- This case establishes the principle that consent to sexual activity is not a one-time event but must be ongoing. Withdrawing consent during the act of penetration transforms the act into rape. This clarifies the legal understanding of consent in the context of sexual offenses.
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