LAW

Published on
KembaraXtra-Case Law-Taylor (1985)
: Mistaken Belief in Consent (Rape)
Facts:
  • Defendant (D) charged with rape.
  • The central issue was whether the victim (V) consented to sexual intercourse.
  • D admitted to drinking but claimed a genuine belief that V was consenting.
Held:
  • A detailed direction on mistaken belief in consent is unnecessary in most rape cases.
  • Unless there is a significant evidentiary dispute, the jury can assume: if the victim's account is truthful, there is no room for the defendant to have held a mistaken belief that they had consent.
Key takeaway:
  • Highlights that the focus should first be on whether the victim consented. If consent is absent, then a mistaken belief defence can be addressed.​
Picture
0 Comments

Author

Learn the fact about law