- Published on
Kembaraxtra-Case Law- Larter and Castleton (1995)
Citation: Larter and Castleton (1995) (Court of Appeal - CA)
Subject: Definition of Consent in Rape Cases
Facts:
Citation: Larter and Castleton (1995) (Court of Appeal - CA)
Subject: Definition of Consent in Rape Cases
Facts:
- Two defendants convicted of raping a 14-year-old girl.
- Victim claimed to be asleep during the rape and unaware of the act.
- Defendants argued the judge should have directed the jury that the prosecution needed to prove either:
- The victim physically resisted.
- The victim was incapacitated and unable to make a conscious decision regarding consent.
- What constitutes the legal definition of "absence of consent" in rape cases?
- What are the elements to prove absence of consent?
- The essential element of rape is the absence of consent.
- Absence of consent should be given its ordinary meaning.
- There is a crucial distinction between consent and submission.
- Every consent involves a submission, but mere submission does not necessarily involve consent.
- This case clarifies that the focus in rape cases is on the absence of consent, not solely on resistance.
- It emphasizes that the jury must understand the everyday meaning of consent.
- It establishes that passivity or submission is not equivalent to consent. The prosecution must prove the victim did not consent.
- This case highlights the importance of distinguishing between genuine consent and mere acquiescence due to fear, coercion, or other factors that negate free will.
0 Comments