DC v DG and DR

Damages – Common law rape – Consent – Intoxication. Court of Session: In action in which the pursuer claimed damages from two defenders alleging that they both committed the common law wrongs of sexual assault and rape against her, the pursuer having consumed a substantial quantity of alcohol at the material time and defenders maintaining that intercourse with her was consensual, the court, pronouncing decree against the defenders jointly and severally in the agreed sum of £100,000, held that because of excessive consumption of alcohol the pursuer lacked the ability to give meaningful consent by free agreement at the material time, that neither of the defenders had a reasonable or honest belief that she was consenting to sexual activity, and that they each raped her.

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