B v R. [2013] EWCA Crim 3 (31 January 2013)

B v R. [2013] EWCA Crim 3 (31 January 2013)

Delusional or irrational beliefs in consent arising from mental illness cannot be considered reasonable for the purposes of s1(2) Sexual Offences Act 2003; the standard is objective and does not admit mental disorder as a factor rendering a belief reasonable. The judge's directions to the jury were correct in law.

Citation
[2013] EWCA Crim 3
Parties
Appellant: B; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
31 January 2013
Procedural Posture
Criminal Appeal / Appeal From Conviction in Crown Court
Outcome
Appeal dismissed
Legal Topics
Rape, Common Assault, Criminal Damage, Mental Illness and Criminal Responsibility, Reasonable Belief in Consent
Criminal Law Rape Common Assault Criminal Damage Mental Illness and Criminal Responsibility Reasonable Belief in Consent

Case Brief

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Parties

B

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction in Crown Court

Legal Issues

  1. 1 Whether a defendant's mental illness can be considered in assessing the reasonableness of belief in consent under s1(2) Sexual Offences Act 2003
  2. 2 Whether the trial judge's directions to the jury on the impact of mental illness on reasonable belief in consent were correct
  3. 3 Whether the directions on common assault and criminal damage properly addressed the relevance of mental illness

Ratio Decidendi

Delusional or irrational beliefs in consent arising from mental illness cannot be considered reasonable for the purposes of s1(2) Sexual Offences Act 2003; the standard is objective and does not admit mental disorder as a factor rendering a belief reasonable. The judge's directions to the jury were correct in law.

Court Disposition

Appeal dismissed

Orders

  • Convictions for rape, common assault, and criminal damage upheld