Jamieson v HM Advocate, 1994 SLT 537
Citation: Jamieson v HM Advocate, 1994 SLT 537
Rule of thumb: What is the legal test for rape? The test is reckless indifference & no reasonable belief of consent.
Judgment:
"rape... occurs... where the perpetrator... is reckless or indifferent to the matter of consent... without any reasonable belief that B consents " (The Court – Lord Hope, Lord Allnabridge, Lord Cowie
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.