Nov 27, 2014


FACTS:

Sansregret showed up to his ex-girlfriend’s house in the middle of the night a knife. Fearful, and in order to diffuse the tense situation, his girlfriend decided to consent to have sex with him. The trial judge found the appellant believed that the complainant gave free and genuine consent to intercourse. She found that the complainant, who knew the appellant, also believed in the honesty of his belief.Trial judge therefore acquitted.



ISSUE:

Was the mistake of fact a defense available to the accused?


HELD:

No.



RATIO:

Sansregret’s belief that the ex was consenting was not reasonably held because was he willfully blind to the risk that her consent might not be valid because of the fear for her life.