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SEXUAL OFFENCES (RAPE (mens rea (D has reasonable belief that C did not…

- - - - reasonable belief = genuine and honest belief that C did not consent
        
        DPP v Morgan
      - consent
        
        drunken consent is still consent
        
        R v Bree
        
        deception - impersonating someone does not mean consent
        
        R v Elbekkey
        
        submission does not mean consent
        
        R v Olugboja
        
        lack of awareness of HIV status does not amount to rape
        
        R v B
  - - - violence, fear of violence
      - violence, fear of violence to a third party
      - unlawfully detained
      - asleep, unconscious, involuntarily drugged, disabled
      - rebuttable
        
        burden of proof lies with the defendant
  - - - deception
      - impersonation of someone that C is close with