Under the Sexual Offences Act 2003

it is a defence to a charge of rape that the defendant had an honest and reasonable belief that the victim was consenting (even if she wasn't).

"Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents"

The circumstances would definitely include willingly getting into bed with the defendant with no knickers on if those were the facts (although of course that would not be determinative - she might have consented to "petting" but not penetration, eg)

When A and B are both pissed these things get difficult and messy, of course

Posted By: Old Git on November 19th 2014 at 12:35:21

Message Thread

A broadcaster speaks (General Chat) - norway, Nov 19, 11:19:17
- lets look at the context...... (General Chat) - usacanary, Nov 19, 14:56:00
- Oy. (n/m) (General Chat) - Old Man, Nov 19, 12:12:24
  - Vey (n/m) (General Chat) - Old Git, Nov 19, 12:39:56
- isn't he saying (General Chat) - paulg, Nov 19, 11:36:51
  - He's stating that if a woman is in bed with a man without any knickers on (General Chat) - Ken Dodds Dads Dog, Nov 19, 11:59:29
    - In a nutshell, yes. (n/m) (General Chat) - norway, Nov 19, 12:04:13
  - No he isn't. (General Chat) - norway, Nov 19, 11:50:40
    - Under the Sexual Offences Act 2003 (General Chat) - Old Git, Nov 19, 12:35:21
    - If we can't control ourselves then women must wear veils, eh? (n/m) (General Chat) - protheroe fitzgibbon, Nov 19, 12:22:20
    - I might have missed this but did the girl say stop to ched at anytime? (n/m) (General Chat) - Trent_Canary, Nov 19, 12:11:25
      - I'm not getting in to that. (n/m) (General Chat) - norway, Nov 19, 12:15:00
        
        You don't have to get into anything. (General Chat) - Trent_Canary, Nov 19, 12:19:13
        
        She said she cannot remember anything at all. (General Chat) - Jim, Nov 19, 12:21:53
        
        there were slight differences between Ched and the other guys accounts of what happened (General Chat) - phrankin, Nov 19, 12:24:51
        
        I was just going to ask why the other one didn't get charged too. So that's why. (n/m) (General Chat) - Trent_Canary, Nov 19, 12:29:29
        
        They both got charged. The other guy was found not guilty by the jury. (n/m) (General Chat) - Jim, Nov 19, 12:32:29
        
        She went to the hotel with the first guy - Ched turned up later (General Chat) - phrankin, Nov 19, 12:40:19
        
        ... is what Ched should have said to avoid all of this argy bargy. (n/m) (General Chat) - Arizona Bay, Nov 19, 12:16:53
        
        I thought of that joke.... (General Chat) - Johnny Comecardiff, Nov 19, 12:20:56
        
        It's an anonymous message. Why would you be scared to post something? (n/m) (General Chat) - Trent_Canary, Nov 19, 12:22:17
    - It comes as no surprise to me at all (General Chat) - paulg, Nov 19, 11:59:20
      - Yes, but I was being deliberately facetious because Conrad is making a generalisation (General Chat) - norway, Nov 19, 12:03:18
        
        I think part of what he was saying (General Chat) - paulg, Nov 19, 12:18:48
        
        So you're saying that a material possesion being stolen is the same as being raped? (General Chat) - Trent_Canary, Nov 19, 12:35:11
        
        sounds like he is saying the most dangerous area of London is comparable (General Chat) - Brandonio, Nov 19, 13:30:43
        
        In fairness some men are incapable of stopping themselves in that situation (General Chat) - Jim, Nov 19, 12:17:41
        
        If a guy wakes up in the morning with no recollection of what happened (General Chat) - phrankin, Nov 19, 12:20:54
        
        Not in English law (General Chat) - Johnny Comecardiff, Nov 19, 12:23:36
        
        What if a women inserted something into a man's anus without his consent? (n/m) (General Chat) - Trent_Canary, Nov 19, 12:40:23
        
        Something is not a penis. (General Chat) - Johnny Comecardiff, Nov 19, 12:44:13
        
        Not been to Thailand then. (n/m) (General Chat) - Trent_Canary, Nov 19, 12:45:11
        
        ah ok, so a woman cannot commit rape under English law... (General Chat) - phrankin, Nov 19, 12:26:05
        
        Well.....There is one circumstance where it is possible (General Chat) - Johnny Comecardiff, Nov 19, 12:30:00
- Fucking hell - I've just seen who said it... (n/m) (General Chat) - Yellalee, Nov 19, 11:28:17
  - Precisely. That's why I posted it. (General Chat) - norway, Nov 19, 11:29:41
- what moron said that? (n/m) (General Chat) - Brandonio, Nov 19, 11:24:20
  - ... (General Chat) - norway, Nov 19, 11:29:19
- Who dat? (n/m) (General Chat) - Arizona Bay, Nov 19, 11:24:00
  - someone i'd never heard of from Radio Norfolk (General Chat) - Ralf Scrampton, Nov 19, 11:28:01
    - Ah. I know the name, I've probably caught bits of his show. (General Chat) - Arizona Bay, Nov 19, 11:31:11
      - He's usually annoying and self-important (General Chat) - norway, Nov 19, 11:32:35
        
        Does he post on here? (n/m) (General Chat) - lurd, Nov 19, 12:02:21
        
        lol (n/m) (General Chat) - Jumbo1, Nov 19, 22:27:00
        
        to be fair (General Chat) - Henclrikus, Nov 19, 11:56:18
        
        I think his show is usually quite good except when they (General Chat) - Jim, Nov 19, 11:35:59
        
        Normally he is very good, this is not his best moment that is for sure (n/m) (General Chat) - phrankin, Nov 19, 12:06:03
        
        Ha ha ha ha ha (General Chat) - Johnny Comecardiff, Nov 19, 12:08:39
        
        well, given what he has to work with he does quite well ;) (n/m) (General Chat) - phrankin, Nov 19, 12:17:01
- Oh no. (n/m) (General Chat) - Yellalee, Nov 19, 11:22:45
  - agreed (n/m) (General Chat) - pants, Nov 19, 11:23:31

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