R v B [2013] (Schizophrenic consent)

Facts

  • A schizophrenic husband force-fed his wife leaves and had sexual intercourse with her
  • His defence was that he reasonably believed her submission to have constituted consent

Issue

  • Was the husband’s guilt negated by consent?

Decision

  • No

Reasoning

  • A reasonable belief in consent is to be judges objectively, not taking into account mental disorders
  • There may be occasions where personality is relevant is the ascertainment of a reasonable belief
RELATED CASE  R v Mowatt [1968]

Posted in Criminal Law Revision Notes.

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