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, Nov 19, 12:35:21