Practice and Procedure

R (on the application of F) (Claimant) v DIRECTOR OF PUBLIC PROSECUTIONS (Defendant) & A (Interested Party) (2013)

PUBLISHED April 24, 2013

[2013] EWHC 945 (Admin)

An man had known that the only basis on which a woman had consented to sexual intercourse with him was the one agreed between them, namely that he would wear a condom or not ejaculate within her vagina, but there was evidence that he had intended that the occasion would culminate in such ejaculation and had deliberately ignored the basis of her consent to penetration as a manifestation of his control over her. In law , that combination of circumstances fell within the statutory definition of rape.

DC (Lord Judge LCJ, Fulford J, Sweeney J)