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“My heart fell to my stomach,” said Frances, a dental assistant in her late 20s who asked that her last name not be used.
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Regina v Malone; Court of Appeal (Criminal Division) (Lord Justice Roch, Mr Justice Sachs and Mr Justice Collins) IT WAS not necessary, in order for an accused who had not used force, threat or deceit to be found guilty of rape, that there should be evidence that the complainant had demonstrated her lack of consent and had communicated it to the accused.

It was submitted that on the complainant's own evidence there had been no such demonstration of the absence of consent.

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The appellant was convicted, and appealed against conviction on the ground, inter alia, that the judge had erred on the law applicable to the issue of consent, leading him to rule wrongly at the end of the prosecution case that there was a case to answer, and to misdirect the jury in his summing up.

Richard Germain (Registrar of Criminal Appeals) for the appellant; Andrew William (Crown Prosecution Service) for the Crown.

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