Court Case Of Moon V. Whitehead (2015)

Moon v Whitehead (2015), is a case dealing with the tort of trespass to person: battery. The appellant, Moon, appealed the decision of the trial court on the basis of consent. Moon claimed he received adequate consent from the respondent, Whitehead, while the two were in Sydney attending a work conference. He and the respondent shared an apartment with separate bedrooms for the period of the conference. The respondent pleaded that on 13 August 2007 the appellant came into her bedroom uninvited and without her consent, engaged in forceful sexual activities. The appellant agreed that verbal consent was not given but argued that consent was assumed based on her actions and reciprocation of behaviour. The respondent explicitly claimed she did