danieldwilliam: (Default)

[personal profile] danieldwilliam 2022-10-03 08:01 pm (UTC)(link)
5) I am curious about the difference in mens rea and actus reus between rape and sex without consent.

Given that this is the first conviction under this specification I'd expect an appeal.

[personal profile] penta 2022-10-03 11:15 pm (UTC)(link)
I'm boggled by what difference there is at all in the elements of the offense. They sure sound like the same crime?
bens_dad: (Default)

[personal profile] bens_dad 2022-10-05 01:26 pm (UTC)(link)
This morning "Women's Hour" had a piece which mentioned "reasonable belief in consent" on the grounds of sxsomnia - basically that the victim allegedly made sexual advances to the defendant whilst sleep-walking. Sexsomnia is apparently a thing, though rare. This is apparently the first UK legal case where the victim may have suffered from it, although previous rape defendants have claimed to be suffering from sexsomnia. There will be a BBC3 documentary on the case tonight.

[personal profile] penta 2022-10-05 04:04 pm (UTC)(link)
Unfortunately, I'm from the US and in the US, so can't watch?