R v Bree [2007] EWCA Crim 804
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:03:23 UTC
Victim was very drunk and agreed to have sex with Defendant.
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CA acquitted Defendant of rape saying that consent was valid if someone had the capacity to give consent (e.g. old enough, mental capacity, etc.).
If someone was unconscious from drink then they clearly couldn’t give consent, just as a sleeping person couldn’t consent.
However if one, while drunk voluntarily, gave consent, that IS valid consent.
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