[2011] EWCA Crim 2665

In a case involving a sexual offence, the issue of whether a defendant had reasonably believed that the complainant was consenting could only be left to the jury pursuant to the Sexual Offences Act 2003 s.75 if there was some evidence that the defendant's belief was reasonable. The simple fact that the defendant believed the complainant to be consenting was not, without more, sufficient to enable the question to go to the jury.

CA (Crim Div) (Lord Judge LCJ, Butterfield J, Henriques J)

03/11/2011