F v M (Appeal: Finding of Fact)

F v M (Appeal: Finding of Fact)

The judge was entitled on the evidence to find that the sexual intercourse became non-consensual when M withdrew consent and communicated this to F, making F's continued penetration a serious sexual assault amounting to rape under the Sexual Offences Act 2003.

Parties
Appellant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
21 November 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Consent, Sexual Assault, Child Arrangements, Fact Finding, Rape
Family Law Criminal Law Consent Sexual Assault Child Arrangements Fact Finding Rape

Case Brief

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Parties

F

Appellant

M

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the act of sexual intercourse between F and M in 2016 was consensual or constituted rape
  2. 2 Whether the judge erred in finding that F raped M based on the evidence

Ratio Decidendi

The judge was entitled on the evidence to find that the sexual intercourse became non-consensual when M withdrew consent and communicated this to F, making F's continued penetration a serious sexual assault amounting to rape under the Sexual Offences Act 2003.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.