R v BVA

R v BVA

On the specific facts, the filming was intimately and integrally connected to the sexual touching, both temporally and in purpose. The failure to disclose the filming deprived the complainant of the freedom to make an informed choice, thus negating consent under section 74. The judge was correct to leave the issue to the jury, and there was sufficient evidence for the jury to conclude that the complainant did not consent to the filming or the sexual touching.

Parties
Respondent: R; Appellant: BVA
Jurisdiction
England and Wales
Judgment Date
22 January 2026
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Consent, Sexual Assault, Deception, Filming of Sexual Activity, Section 74 Sexual Offences Act 2003
Criminal Law Sexual Offences Consent Sexual Assault Deception Filming of Sexual Activity Section 74 Sexual Offences Act 2003

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Parties

R

Respondent

BVA

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether lack of consent to filming of sexual touching can negate consent to the sexual touching under section 74 of the Sexual Offences Act 2003
  2. 2 Whether the judge should have ruled as a matter of law that filming was not capable of negating consent to sexual touching

Ratio Decidendi

On the specific facts, the filming was intimately and integrally connected to the sexual touching, both temporally and in purpose. The failure to disclose the filming deprived the complainant of the freedom to make an informed choice, thus negating consent under section 74. The judge was correct to leave the issue to the jury, and there was sufficient evidence for the jury to conclude that the complainant did not consent to the filming or the sexual touching.

Court Disposition

Appeal dismissed