R v Fotheringham (1989) 88 Cr App R 206 Court of Appeal

The appellant had been out drinking. He climbed into bed with the 14 year old babysitter who sleeping in the matrimonial bed. He started to have sexual intercourse with her in the mistaken belief that it was his wife.

Held:

His conviction for rape was upheld. Rape is a crime of basic intent and therefore his drunken mistake could not be relied on in his defence.

Back to lecture outline on intoxication in criminal liability or the defence of mistake