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Forensic Medicine · Sexual offences and forensic psychiatry: consent under intoxication
Sample itemAn acquaintance gives a woman a drink laced with a sedative and has intercourse with her while she is drowsy and unable to resist. He later argues that she did not object. How does the law view her apparent consent?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
A. Not valid, since she could not understand its nature and consequences because of a substance he administered
Consent is not valid when the woman cannot understand its nature and consequences because of unsoundness of mind, intoxication or a stupefying substance given by the accused or through another. Absence of resistance or injury is not consent.
Option by option
A. Not valid, since she could not understand its nature and consequences because of a substance he administered (correct)
Correct. A stupefying substance given by him negates the capacity to consent.
B. Valid, because there were no injuries
Absence of injuries does not show consent.
C. Valid, because she did not physically resist
Lack of resistance is not consent, particularly when she was incapable of resisting.
D. Valid, because she knew the man
Knowing the man does not make consent valid.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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