R v Ali [2015] EWCA Crim 1279

Facts

  • The case involved multiple defendants convicted of sexual offences against young girls in Rochdale.
  • The victims were considered at risk due to their age, social background, and involvement with organized grooming.
  • Defendants gave the victims gifts, alcohol, and insincere attention to gain their trust before sexual contact occurred.
  • The prosecution argued that this grooming process prevented the victims from giving willing, informed consent.
  • The defendants deliberately targeted vulnerable girls in unstable environments, manipulating and coercing them into sexual acts.

Issues

  1. Whether grooming by the defendants resulted in conditions that invalidated the victims' consent to sexual activity.
  2. How Section 3 of the Sexual Offences Act 2003 should be applied to cases involving vulnerable victims and grooming.
  3. Whether consent in this context required evidence of genuine agreement by choice, with capacity and liberty to choose.

Decision

  • The Court of Appeal held that grooming can create circumstances where consent is not freely given or is invalid.
  • It found that intentional control and harm by the defendants left the victims unable to make independent choices regarding sexual activity.
  • The Court emphasized that consent under Section 3 of the Sexual Offences Act 2003 is not mere passive acceptance, but requires explicit, informed agreement.
  • It concluded that where harmful conduct such as grooming exists, any apparent consent is invalid.
  • The Court recognized the particular vulnerabilities of the victims and the deliberate exploitation by the defendants.

Legal Principles

  • Consent under Section 3 of the Sexual Offences Act 2003 requires agreement by choice, with the liberty and capacity to make that choice.
  • Grooming and harmful behaviour can negate genuine consent by undermining a victim's liberty and capacity.
  • The presence of vulnerability, coercion, or manipulation must be assessed in determining the validity of any alleged consent.
  • Legal interpretation of consent in sexual offences must consider context and power imbalances, particularly where victims are minors or otherwise at risk.

Conclusion

The decision in R v Ali [2015] EWCA Crim 1279 established that grooming and harmful conduct can nullify apparent consent, especially where victims are vulnerable, and clarified the rigorous standards for genuine consent under the Sexual Offences Act 2003.

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Job Test Prep
One-time Fee
$90-350

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal