R v Kirk [2008] EWCA Crim 2200

Court of Appeal

Facts: The complainant, a 14-year-old, agreed to sexual activity with the defendant in exchange for money to buy food. The agreement was influenced by her desperate circumstances due to hunger.

Held: The Court of Appeal upheld the conviction, finding that the complainant’s consent was invalid due to the coercive nature of the circumstances. Her will was overborne by desperation, impacting the validity of her consent.

Key Quote: The Court emphasized that "consent obtained under duress or extreme necessity does not constitute genuine consent."

💡Leveluplaw: This case highlighted how extreme circumstances or coercion affect the validity of consent, illustrating the impact of desperation on consent.