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HM Advocate v Logan 1936 J.C. 100

HM Advocate v Logan 1936 J.C. 100


Citation:HM Advocate v Logan 1936 J.C. 100

Link to case on WorldLII.

Rule of thumb:What happens if a woman has too much drink & has sexual intercourse which she later regrets and feels she was not able to properly consent to due to intoxication, even though she did not really struggle against this? This can still be deemed to be sexual assault if the woman can be shown to have been particularly drunk.

Judgment:

’a very odd distinction, but it is there on the authorities... That may explain the decision, and, in any event, it is binding on me", Lord Justice Aitchison

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Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.