Consentual sex

scoot on

Can someone pls give me a legal perspective on consentual sex?

If a girl scores with a fella earlier in the night. Then ends up at a house with that same fella but falls asleep in a bedroom and he comes in and tries to have sex with her... Can somebody with legal experience in this area pls tell me if this would/should be considered consentual or not?

hullaballoo

Actually, why is this also posted in PI?

Charlie

Absolutely not. Consent must be actual consent and it can be revoked at any stage during intercourse.

It is the case though that it revolves around whether the defendant honestly believed that consent was present. So there are situations where a girl may not have consented to intercourse but the male honestly believed consent was present. In such a case, the male wouldn't have the mens rea (guilty mind) for the offence. It should be noted though that case law has illustrated that the courts won't entertain claims that a person honestly believed consent was present when it is clear they couldn't have come to such a conclusion.

walt0r

boobies

scoot on

Sry, posted it in PI but it didn't come up initially. I saw this forum afterwards and i'm really looking for the legal viewpoint on it more than a personal opinion on it.

Charlie - thank you so much for that advice. Would it be ok if I pm'd you for a bit more information on it as it is a fairly sensitive subject?

bennyx_o

How can someone give consent if they're asleep? Sounds more like rape tbh.

Hagar

scoot on wrote:

If a girl scores with a fella earlier in the night. Then ends up at a house with that same fella but falls asleep in a bedroom and he comes in and tries to have sex with her

If the couple had sex and the girl then slept in the same bed with the boy there might be a view that there was an ongoing consent to intimacy. This doesn't seem to be the case here. Even if the boy and girl had sex earlier in the evening the fact that she went to sleep in a different bedroom clearly indicates that as far as she was concerned the "event" was over and she now wanted her privacy to be respected while she slept. So there is no consent there IMO.


This is not to be taken as legal advice. IANAL.
This is just an individual response to a hypothetical question.

Beelzebub

Hagar wrote:

If the couple had sex and the girl then slept in the same bed with the boy there might be a view that there was an ongoing consent to intimacy. This doesn't seem to be the case here. Even if the boy and girl had sex earlier in the evening the fact that she went to sleep in a different bedroom clearly indicates that as far as she was concerned the "event" was over and she now wanted her privacy to be respected while she slept. So there is no consent there IMO.


This is not to be taken as legal advice. IANAL.
This is just an individual response to a hypothetical question.

AS charlie mchugh said.

It's rape no matter what the sleeping arrangements are. Consent must still be given.
Otherwise husbands would still be getting away with it.

Hagar

And wives presumably.

Charlie

scoot on wrote:

Sry, posted it in PI but it didn't come up initially. I saw this forum afterwards and i'm really looking for the legal viewpoint on it more than a personal opinion on it.

Charlie - thank you so much for that advice. Would it be ok if I pm'd you for a bit more information on it as it is a fairly sensitive subject?

Well I am only a final year Law student and not a solicitor/barrister so I am not qualified to give legal advice but, if it is a serious situation and not a hypothetical one, you can pm me.

hullaballoo

Right, it seems that too many people are happy to give legal advice on this, and even offering it in a professional capacity via PM where they have no such right to do so.

OP, don't seek or take legal advice on the internet. Why do you think professionals get paid so much? They know things that other people don't.

For those of you who haven't read the charter, I suggest you do so immediately.

This is a serious issue, and there's no leniency. charlie mchugh, please take this as a warning, the next time you offer legal advice like that will earn you a ban. I would also strongly suggest that you don't proceed to give legal advice via PM either, just to limit your own liability.

On a separate issue, walt0r banned for being a nonce. I don't think I'll be revoking that ban any time, ever.