Podcast Location:
Sorry, this podcast has been removed as it is now out of date
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:
  • a) £65+VAT for this CPDcast only
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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This course provides an introductory overview to the controversial issue of 'drunken sex' and expands upon the evidential requirements that need to be proved in such a rape case. Recent and high profile case law is examined that clarifies and explains the existing law in relation to rape and voluntary intoxication.

Outcomes:
After completing the course you will:
  • Understand the effect on consent when the complainant is voluntarily intoxicated;
  • Understand the effect on reasonable belief when the defendant is voluntarily intoxicated;
  • Be aware of the moral questions that are raised in such prosecutions;
  • Be aware of the risks of reforming this area of law to make 'drunken sex' illegal.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Introduction
Legal Principles
Sources and References:
  • Sexual Offences Act 2003;
  • R v Benjamin Bree [2007] EWCA Crim 256;
  • R v Dougal (2005) Swansea Crown Court (unreported);
  • R v H [2007] EWCA Crim 2056;
  • DPP v Majewski [1977] AC 443.
Tags:

In this CPDcast, Felicity Gerry, a criminal barrister who practices at 36 Bedford Row, discusses the legal position regarding sexual intercourse between adults when either the complainant or the defendant is intoxicated and subsequently lacks the capacity to consent or the ability to form the mental element of the crime.

Podcast Added: 1/8/2008

Podcast last reviewed: 2011-07-13

This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.

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