DPP v Morgan [1975]

1. Facts:

• Scenario: Soldiers were invited by their sergeant to have sex with his wife. The sergeant told them that although his wife would resist, she actually liked it. The soldiers believed she consented.

• Key Issue: Whether the soldiers’ belief in consent, based on the sergeant’s comments, was sufficient to negate the charge of rape.

2. Outcome:

• Decision: The soldiers were convicted of rape. The court found that their belief was not honest or reasonable, as it was based on misleading information from the sergeant.

3. Impact and Analysis:

• Honest Belief Requirement: The case establishes that an honest belief in consent must be reasonable and based on factual circumstances, not on misleading or incorrect information.

• Legal Precedent: It emphasises that belief in consent, even if honest, does not suffice if it is not reasonable.