The consent element in a charge of detaining a person for advantage (consent to detention) is legally distinct from the consent element in a charge of indecent assault (consent to sexual activity), and this distinction can provide a rational basis for different verdicts on the two counts. A circumstantial case of indecent assault can be established where the complainant has no recollection of events due to intoxication, through evidence including the accused's semen on the complainant's clothing, retention of the complainant's property, injuries, and the accused's inconsistent accounts and admitted lies.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
5 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.