Practice and Procedure

R v H (2007)

PUBLISHED July 10, 2007

[2007] EWCA Crim 2056

A judge had erred in ruling that there was no case to answer where there was sufficient evidence of rape to be left to the jury. Issues of consent and capacity to consent to intercourse on charges of alleged rape should normally be left to the jury to determine.

CA (Crim Div) (Hallett LJ, Butterfield J, Wilkie J)