R v B [2013] EWCA Crim 3

Facts

• The defendant suffered from delusions regarding his sexual abilities and spiritual influence.
• He claimed that these delusions led him to genuinely believe that the complainant consented to sexual activity.
• At trial, the judge directed the jury to disregard the defendant’s mental illness when determining if his belief in consent was reasonable.
• The defendant appealed this direction, contending that his mental disorder should have been considered.

Issues

1. Whether a jury should consider a defendant’s mental disorder when assessing the reasonableness of their belief in consent under section 1(1)(c) of the Sexual Offences Act 2003.
2. Whether applying a purely objective standard, without reference to the defendant’s mental state, was correct.

Decision

• The Court of Appeal allowed the appeal and overturned the conviction.
• It held that the trial judge’s direction was incorrect: the reasonableness of the defendant’s belief in consent must be considered in light of the defendant’s mental disorder.
• The court emphasised that while the standard is objective, the defendant's actual mental condition is relevant in determining whether the belief was reasonable.
• The court instructed that juries should consider medical evidence about the disorder’s effects and assess the reasonableness of belief in consent from that standpoint.

Legal Principles

• Section 1(1)(c) of the Sexual Offences Act 2003 requires proof that the defendant did not reasonably believe in consent.
• The reasonableness test, though objective, must take into account the defendant’s mental disorder when relevant.
• Delusional beliefs differ from merely unreasonable beliefs; a disorder may impact the perception of reality, affecting belief formation.
• The ruling distinguishes R v B from earlier authority such as DPP v Morgan [1976] AC 182, which had applied a wholly objective test, instead incorporating the defendant’s mental state into the framework for evaluating reasonableness.

Conclusion

The Court of Appeal in R v B [2013] EWCA Crim 3 established that mental disorders affecting a defendant’s perception must be considered by juries when evaluating the reasonableness of their belief in consent under the Sexual Offences Act 2003, refining the legal approach to such cases.