Practice and Procedure

R v C (2008)

PUBLISHED May 23, 2008

[2008] EWCA Crim 1155

The inability of a person suffering from a mental disorder to refuse to consent to sexual activity because of an irrational fear that prevented the exercise of choice could not be equated to a lack of capacity "for any other reason" under the Sexual Offences Act 2003 s.30(2)(a), and could not amount to an inability to communicate her choice within the meaning of s.30(2)(b) of the Act.

CA (Crim Div) (Lord Philips LCJ, Bean J, Wilkie J)