DC v DG & Anor [2017] ScotCS CSOH_5 (17 January 2017)

DC v DG & Anor [2017] ScotCS CSOH_5 (17 January 2017)

The court found, on the balance of probabilities, that the pursuer was so intoxicated as to be incapable of consenting to sexual intercourse and that neither defender had a legitimate belief, honest or reasonable, that she was consenting.

Citation
[2017] ScotCS CSOH_5
Parties
Pursuer: DC; First Defender: DG; Second Defender: DR
Jurisdiction
Scotland
Judgment Date
17 January 2017
Procedural Posture
Civil Action for Damages / Judgment After Proof
Outcome
Liability established against both defenders; damages awarded.
Legal Topics
Consent, Alcohol Intoxication, Rape, Sexual Assault, Quantum of Damages
Tort Personal Injury Sexual Offences Consent Alcohol Intoxication Rape Sexual Assault Quantum of Damages

Case Brief

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Parties

DC

Pursuer

DG

First Defender

DR

Second Defender

Procedural Posture

Civil Action for Damages / Judgment After Proof

Legal Issues

  1. 1 Whether pursuer was incapable of consenting due to intoxication
  2. 2 Whether defenders had a legitimate belief in consent

Ratio Decidendi

The court found, on the balance of probabilities, that the pursuer was so intoxicated as to be incapable of consenting to sexual intercourse and that neither defender had a legitimate belief, honest or reasonable, that she was consenting.

Court Disposition

Liability established against both defenders; damages awarded.

Orders

  • Both defenders held liable for sexual assault and rape.
  • Agreed quantum of damages awarded to pursuer.