Court of Appeal of the United Kingdom and Northern Ireland

The complainant had been severely intoxicated while the defendant had sex with her. It was found that in order for sex to be consensual the victim must have the capacity (the ability) to say no. If one is so inebriated as to be incapable of refusing intercourse, such intercourse is rape. If, through drink (or for any other reason) the complainant has temporarily lost her capacity to choose whether to have intercourse on the relevant occasion, she is not consenting, and subject to questions about the defendant's state of mind, if intercourse takes place, this would be rape.

The defendant, knowing he was HIV positive, had unprotected sexual intercourse with two women who were unaware of his disease. The women were both subsequently diagnosed as HIV positive. He was found guilty of inflicting grievous bodily harm. As a general rule, unless the activity is lawful, the consent of the victim to the deliberate infliction of serious bodily injury on him or her does not provide the perpetrator with any defence.

The defendant and the complainant had been involved in a sexual relationship for some time when the complainant started to receive threatening text messages and telephone calls. The complainant, who was unaware that the defendant was sending the messages, confided in the defendant and allowed him to contact the police on her behalf. He did not do so but over a long period sent her text messages purporting to be from a succession of police officers dealing with the bogus investigation, and he obtained £700 from the complainant for security protection which he pretended to arrange.