"Having regard" to intoxication in the Sexual Offences Act 2003 - an analysis of the mens rea in the Sexual Offences Act, and the meaning of circumstances

This article challenges the prevailing view in relation to sexual offences, that the defendant’s intoxication is not relevant when applying the “reasonable belief in consent” provision. It argues that, as a matter of statutory interpretation, intoxication may be considered a “circumstance” under Sec...