R v Bree [2007] EWCA Crim 804
Judgement for the case R v Bree
Table Of Contents
Victim was very drunk and agreed to have sex with Defendant.
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CA acquitted Defendant of rape saying that consent was valid if someone had the capacity to give consent (e.g. old enough, mental capacity, etc.).
If someone was unconscious from drink then they clearly couldn’t give consent, just as a sleeping person couldn’t consent.
However if one, while drunk voluntarily, gave consent, that IS valid consent.
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