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Drilldown: Cases

So far 267 cases have been added to the database, out of 2092 total cases on the website. To see the full list of cases go to the Mental health case law page.

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Cases > Subject : Capacity to consent to sexual relations or Criminal law capacity cases or Deputyship cases or MHT capacity cases & Judges: Wilkie

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Page name Sentence Summary
R v C (2008) EWCA Crim 1155

Capacity to consent to sexual activity

If the complainant consented to sexual activity against her inclination because she was frightened of the defendant, even if her fear was irrational and caused by her mental disorder, it did not follow that she lacked the capacity to choose whether to agree to sexual activity. [Overturned on appeal.]

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