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KembaraXtra-Case Law-Kimber (1983) Case Study: Indecent Assault & Recklessness
Key Facts:
Key Facts:
- Defendant (D): Psychiatric patient in a hospital.
- Victim (V): Severely mentally handicapped patient in the same hospital.
- Act: D indecently assaulted V. V did not consent.
- D's Claim: D admitted believing V consented, despite knowing her mental handicap.
- What is the mens rea (mental state) required for indecent assault, specifically regarding the victim's consent?
- The mens rea for indecent assault requires that D either:
- Knew V was not consenting,
- OR was reckless as to whether V was consenting.
- D's indifference to V's feelings and wishes ("couldn't care less") constitutes recklessness in law.
- Recklessness, in this context, means a state of mind where the defendant disregards a risk that the victim is not consenting.
- Clarifies the mens rea for indecent assault concerning consent.
- Establishes that recklessness as to consent is sufficient for liability.
- Illustrates that indifference to the victim's feelings and wishes can be indicative of recklessness.
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