Oral question asked in the House of Lords, by Lord Ackner (Crossbench). It was answered on Tuesday, 6 December 2005.

Rape: Definition of Consent

Question: My Lords, would your Lordships allow me to agree with the Minister? There is no need for any further clarification. This was a case where alcohol had been consumed and it is common knowledge that alcohol can dull the inhibitions. As a result, consent can be given which otherwise would not occur. A good example of a non-sexual kind occurred in Cambridge where an undergraduate of Magdalene dived off Magdalene Bridge without first satisfying himself that there was water running under it. I would respectfully suggest that the same occurs in this type of case—the inhibitions, which have been reduced, still enable the complainant to consent and in those circumstances the prosecution cannot prove its case.

Answer: My Lords, I am grateful to have the noble and learned Lord’s assent to anything that I say from this Dispatch Box. As he has indicated, the important issue is whether consent was given. If the person, for whatever reason, lacked the capacity to give consent, that would be for the jury to determine.

Secondary information