Consent (and capacity to consent)

Consent is of vital importance in rape cases. As well as proving the physical act of rape, the prosecution must also prove that the complainer did not consent. The issue of consent is dealt with in Part Two of the Sexual Offences Act 2010 and provides a list of circumstances in which consent to sexual activity can never be present.  This includes a provision that consent cannot be given where an alleged victim is proved to have become so intoxicated that he or she had lost the capacity to choose whether to participate in sexual activity. 

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