DPP v Morgan
Encyclopedia
DPP v Morgan was a court case in the United Kingdom. It is frequently cited in matters of mistaken belief and mens rea
of rape
.
with his wife. He told these friends that his wife was "kinky
", and would protest, but that she did not really mean it. The four men forcibly overcame the wife's resistance and each one had intercourse without her consent.
The friends were charged with rape, and Morgan was charged with aiding and abetting
the others to commit rape. He not charged with rape because of spousal privilege
.
The House of Lords found honest, mistaken belief in the victim's consent need not be reasonable to rebut a charge of rape.
This has been applied to other cases. A defendant
's honest mistake need not be a reasonable mistake when determining their guilt.
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
of rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
.
Case history
Morgan invited three friends to house, and invited them to have intercourseIntercourse
Intercourse may refer to:*Sexual intercourse*Interpersonal communication, any kind of human communication and/or interactionPlaces:*Intercourse, Alabama, USA*Intercourse, Pennsylvania, USABooks:*Intercourse , a 1987 book by Andrea Dworkin...
with his wife. He told these friends that his wife was "kinky
Kink (sexual)
In human sexuality, kinkiness and kinky are terms used to refer to a playful usage of sexual concepts in an accentuated, and unambiguously expressive form....
", and would protest, but that she did not really mean it. The four men forcibly overcame the wife's resistance and each one had intercourse without her consent.
The friends were charged with rape, and Morgan was charged with aiding and abetting
Aiding and abetting
Criminal=Aiding and abetting is an additional provision in United States criminal law, for situations where it cannot be shown the party personally carried out the criminal offense, but where another person may have carried out the illegal act as an agent of the charged, working together with or...
the others to commit rape. He not charged with rape because of spousal privilege
Spousal privilege
In the law of the United States, the spousal privilege comprises two separate privileges, the marital confidences privilege and the spousal testimonial privilege....
.
Trial and House of Lords
The trial judge directed the jury that the defendants would not be guilty of rape if they honestly believed that the woman was consenting and that belief in consent was reasonably held. The defendants appealed against the conviction.The House of Lords found honest, mistaken belief in the victim's consent need not be reasonable to rebut a charge of rape.
This has been applied to other cases. A defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
's honest mistake need not be a reasonable mistake when determining their guilt.