But rape only happens when the person doing the penetration knows or ought to know that there is no consent, and that is quite right morally as well as legally since otherwise they'd have to be a mind reader
If you really want to get a froth on, google DPP v Morgan (a case where there was an honest but unreasonable belief in consent, and under the law at the time, that was held tone a defence, thus leading to the current state of the law via the Sexual Offences Act 2003)
Posted By: Old Git, Jan 22, 23:00:02
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