Dop V Morgan Essay

Paul is likely to be found criminally liable for rape. A person commits the offence of rape if he intentionally penetrates another person’s vagina, anus or mouth without the other person giving consent to the penetration and the perpetrator does not believe the victim consents to the act. The main element required to establish rape is the lack of consent. Lack of consent is characterise by the use of force or threats by the perpetrator, deception and where the victim was unaware of what was happening or was incapable of giving the required consent due to intoxication, sleep, mental incapacity or age. Section 74 of the Sexual offences Act of 2003 defines consent as agreement by choice where the person agreeing to a sexual act does so with the freedom and the capacity to make a choice whether to agree or not. In determining whether there was consent it is important to establish that the person complaining of rape had the capacity to give consent. That is the person should have the capacity to decide whether or not to engage in the sexual activity. It is also essential to demonstrate that
He had informed them that his wife was kinky and would pretend to protest against the activity. All the men overcame the wives protests and resistance and without her consent they had sex with her. The men were convicted for rape and the husband was charged with aiding and abetting the rape. The men appealed this decisions and the court dismissed the appeal. The court held that an individual commits rape if at the time of the sexual intercourse the person knows that consent is not given or is reckless as to whether the complainant gave consent. The court reasoned that since rape is sexual intercourse without consent, the intention to commit the crime shows the defendant’s guilty state of mind. In such cases it is only essential to show that the accused had the requisite intent to commit the