Podcast Location:
Download it here [file size: 26.9 MB]
Part of:
Criminal Law Bundle 2011 CPD Training Bundle
Categories:
Criminal Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast discusses the controversial issue of intoxication in sex cases. It considers the public horror arising from these cases and how the law reacts. It will look at the common issues in sex cases involving alcohol, the law relating to consent and capacity, how the circumstances can create evidential difficulties and the directions to be given to the jury. The podcast includes some pertinent cases on the topic to highlight some of the relevant issues.

Outcomes:
After completing the course you will:
  • Understand how the CPS make charging decisions and the considerations to be borne in mind by prosecutors in these cases;
  • Acknowledge the common issues in cases arising from the consumption of alcohol in advance of a sexual encounter;
  • Appreciate how prejudices can impact on the jury’s perception in sex cases;
  • Be aware of recent developments relating to delayed complaints or inconsistent evidence as a result of trauma;
  • Understand the current law regarding consent and capacity to consent;
  • Appreciate the issues arising from the defendant’s state of mind during a sexual encounter;
  • Know how the jury should be directed to approach sexual allegations.
Level:
Specialist Difficulty: 5 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • R v Benjamin Bree 2007 2 Cr App R 13;
  • R v Durwayne Martin [2004] 2 Cr App 354;
  • R v H 2007 EWCA Crim 2056;
  • R v JD [2008] EWCA Crim 2557;
  • R v Majewski 1977 AC 443;
  • R v Miller (Colin Anthony) [2010] EWCA Crim 1578;
  • R v Venna [1976] Q.B. 421;
  • Sexual Offences Act 2003.

In this podcast, Felicity Gerry a barrister from 36 Bedford Row discusses the issue of intoxication in sex cases.

Podcast added: 16/09/11

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