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England and Wales decisions
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The evidence of grooming, vulnerability, and circumstances surrounding the sexual activity was sufficient for the jury to conclude lack of proper consent. Sentences imposed were within guideline ranges and not manifestly excessive. Restraining orders were not necessary given the historic nature of offences and lack of notice or reasons.
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There was sufficient evidence for the jury to consider whether the appellant reasonably believed the complainant was consenting, given the circumstances of the encounter, the complainant's state, and the appellant's actions. The judge was correct to refuse the submission of no case to answer, and the conviction is safe.
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The Court of Appeal dismissed a rape and sexual assault appeal, holding that the jury were not misled on consent, capacity, or adverse inference directions.
There was sufficient evidence for the jury to conclude the complainant in count 2 lacked capacity to consent due to intoxication and/or that the applicant could not have reasonably believed in consent. The trial judge was correct not to withdraw the case from the jury. The overall sentence, though consecutive extended sentences were imposed, was not manifestly excessive or wrong in principle given the seriousness and circumstances of the offences.
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HEF, R. v [2026] EWCA Crim 172 (06 February 2026)
The Court of Appeal dismissed a youth defendant’s appeal against convictions for rape and sexual offences, rejecting arguments about adverse inference and consent directions.
Delecia v R. [2026] EWCA Crim 42 (03 February 2026)
The Court of Appeal dismissed a challenge to a rape conviction, holding the trial judge was not required to question the jury after a note about “preconceptions.”
Mullen, R. v [2026] EWCA Crim 120 (28 January 2026)
The Court of Appeal upheld rape convictions and consecutive extended sentences, holding there was enough evidence on capacity and consent for the jury to decide.
Joseph v Rex [2026] EWCA Crim 22 (23 January 2026)
The Court of Appeal received fresh evidence from complainant C, quashed the rape and assault by penetration convictions, upheld the sexual assault conviction, and granted an extension of time.
The Court of Appeal granted leave out of time and quashed rape and assault by penetration convictions after fresh evidence from complainant C undermined credibility and consent issues.
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.
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