R v Olugboja [1982] QB 320

Court of Appeal

Facts: The victim was raped by the defendant's accomplice and subsequently subjected to sexual intercourse by the defendant, whom she feared. She submitted to the intercourse out of fear.

Held: The Court of Appeal held that submission resulting from fear or intimidation does not equate to consent. Consent must be freely given and not obtained through coercion or fear.

Key Quote: Dunn LJ: "Every consent involves a submission, but it by no means follows that a mere submission involves consent."

💡Levelup: This case clarified that true consent must be voluntary, and submission due to fear or intimidation does not constitute valid consent, significantly impacting the interpretation of consent in sexual offences.

Previous
Previous

R v Richardson [1999] QB 444

Next
Next

DPP v Santana-Bermudez [2004] EWHC 2908