GW v HM Advocate

Criminal law – Rape – Consent. High Court of Justiciary: Refusing an appeal by an appellant who was charged with the rape of a woman 'whilst she was asleep and incapable of giving or withholding consent' and who lodged a special defence which stated that he engaged in sexual intercourse 'with the consent of' the complainer and 'in any event when [he] reasonably believed her to be consenting', the court held that a person could not consent in advance to having sexual intercourse whilst asleep.

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