## 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.
