Sexual Offences: Consent & Reasonable Belief in Consent

A collection of vocabulary flashcards related to sexual offences, focusing on consent, legal definitions, and important case law.

Consent (s74)

An agreement by choice, where the individual has freedom and capacity to choose.

Lack of Consent

The absence of agreement or refusal to engage in sexual activity due to lack of freedom or capacity.

Evidential Presumption (s75)

If certain circumstances are proven, it is presumed that consent did not exist, but this can be rebutted.

Conclusive Presumption (s76)

If certain circumstances are proved, it is conclusive evidence that consent did not exist, and this cannot be rebutted.

Freedom to Choose

The ability to agree to sexual activity without coercion, threats, or manipulation.

Actus Reus

The physical act of engaging in unlawful conduct, such as penetration or touching, without consent.

Mens Rea

The mental state or intention of the defendant in committing the crime; specifically, the intent related to consent.

R v Olugboja [1982]

A case emphasizing the difference between submission and consent in sexual offences.

Informed Choice

Understanding the facts and implications of consent; deception may invalidate consent.

Intoxication and Consent

A complex issue where an individual’s ability to consent may be impaired due to drugs or alcohol.

R v Bree [2007]

Established that an intoxicated individual may lose the capacity to consent, but not all intoxicated individuals are incapable.