R v Ciccarelli [2011]

1. Facts:

• Scenario: D and his girlfriend placed V, who was intoxicated, to bed. D touched her sexually while she was asleep. Earlier, V had made sexual advances at a party.

• Key Issue: Whether D reasonably believed V consented to the sexual act.

2. Outcome:

• Decision: D was convicted. The court applied s.75 of the Sexual Offences Act 2003, which presumes lack of consent in certain circumstances, and found that the evidence did not show D's reasonable belief in consent.

3. Impact and Analysis:

• Presumption of Lack of Consent: The case underscores the presumption of lack of consent when the victim is asleep or incapacitated, as per s.75.

• Reasonable Belief: It highlights the need for D to prove a reasonable belief in consent, especially when the victim is in a vulnerable state.