R v Kirk [2008]

R v Kirk [2008]

1. Facts:

• Scenario: V had sex with D in exchange for money to buy food.

• Key Issue: Determining whether such an arrangement constitutes rape or an agreement to sexual activity.

2. Outcome:

• Decision: D was convicted of rape. The court examined whether there was 'willing submission' in the exchange of money for sex.

• Future Implications: The concept of 'willing submission' in the future may lead to confusion with consent.

3. Impact and Analysis:

• Consent and Exchange: This case emphasises the need for clear standards on consent and its distinction from coercive agreements.