R v Olugboja [1982] QB 320   Court of Appeal

Two girls, Jayne aged 16 and Karen 17, had been offered a lift home from a disco by Mr Lawal. They accepted the lift, however, instead of taking them home he drove to his home in the opposite direction. The girls refused to go in and started walking off. He followed them in the car picked up Jayne and drove off and raped her. He then picked Karen up and took them both back to his home where the appellant was. Lawal took Karen upstairs and raped her. The appellant turned off the lights told Jayne to take off her trousers. She was crying and complied out of fear. The appellant proceeded to have sexual intercourse. Jayne did not resist, struggle or scream. The appellant was convicted of rape and appealed.

Held:

Appeal dismissed conviction upheld.

Dunn LJ:

“The jury should be directed that consent, or the absence of it, is to be given its ordinary meaning and if need be, by way of example, that there is a difference between consent and submission; every consent involves a submission, but it by no means follows that a mere submission involves consent.”