Sexual Offences Act 2003 s75(2f) exam help! Please!

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Rachelkiki
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I am tried to do a problem question related to SOA 2003 s75(f) -- Drug rape. Do any one know any case law related to SOA 2003 s75(2F)? Also are there any other things I can put in my answer coz I can't find much information in this area from my textbook

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Notoriety
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We need to know the scenario to inform you if there are other things to consider.

S75 is creating rebuttable presumptions in relation to consent; it is not explicitly dealing with drug rape; the operating offence would still be rape under s1.

It is s75(2)(f) by the way; don't forget to put the sub-section. You probably can consider (d) also, if the drug not only stupefied or overpowered, but rendered the complainant unconscious. If you have Westlaw, look at Blackstone's summary of the evidential presumptions starting at B3.37, but also look at B3.30 which is more related to the offence of having sex with a drugged person.
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Rachelkiki
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(Original post by Notorious_B.I.G.)
We need to know the scenario to inform you if there are other things to consider.

S75 is creating rebuttable presumptions in relation to consent; it is not explicitly dealing with drug rape; the operating offence would still be rape under s1. that

It is s75(2)(f) by the way; don't forget to put the sub-section. You probably can consider (d) also, if the drug not only stupefied or overpowered, but rendered the complainant unconscious. If you have Westlaw, look at Blackstone's summary of the evidential presumptions starting at B3.37, but also look at B3.30 which is more related to the offence of having sex with a drugged person.
The scenario is the defendant has liked the victim for some time but she has never shown any interest in him. The victim has already had several glasses of wine in a bar before the defendant came. The defendant added a sedative drug to the victim's wine. And shortly, the victim started to feel drowsy. She asked the defendant to take her home and ask hime if he can help her get upstair and into bed. The defendant kisses her cheek when she in bed. She smile and didn't object when he begun to fondle her. Then, he did sexual intercourse with her. The next, Victim had little recollection and all she remembers is thinking “Please stop”. The defendant argue that although the victim was drowsy, she was still able to communicate and seemed to him to be enjoying it. We had a little discussion about this question in seminar, the seminar taker told us to use S75(2f). As it stated, the victim was felt drowsy. Is it the same as 'asleep or unconscious'? Can I still use S75(2d)? In asking and exam question, should I put both s75(2)(f) and s75(2)(d) in my answer? If I answer the question and say he may find guilty under s75(2)(f), do I still need to elaborate and put s74 in my answer? Thank You.
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