Judge Says Drunk Woman Can Consent
Regina v Bree [2007] EWCA Crim 256
CA
26 March 2007
Weekly Law Reports Summary
Where a complainant had voluntarily consumed even substantial quantities of alcohol, but nevertheless remained capable of choosing whether or not to have intercourse, and in drink agreed to do so, that would not be rape; but if through drink the complainant had temporarily lost her capacity to choose whether to have intercourse on the relevant occasion, she was not consenting, and, subject to questions about the defendant’s state of mind, if intercourse took place, that would be rape.