Given the intimate nature of sexual activity, there are usually no other witnesses: even having taken all the circumstances into account, the issue is often decided on to one person’s word against another’s as to exactly what happened and whether criminal liability arises. Issues of consent become more complex when you consider that, even if person (A) asserts that they were involved in a non-consensual sexual act with person (B), it has to be proved that (B) did not reasonably believe (A) was consenting. Consent can be withdrawn at any time during sexual activity and each time activity occurs.
It cannot be assumed that consent in relation to one sexual encounter automatically transfers to any subsequent sexual activity. Just because Kwame consented earlier does not mean that he consented to both acts. It is clear on the facts that Kwame did not consent to the second encounter and that his date was made aware that he did not consent. It is not in dispute that the first encounter, sexual intercourse, was consensual. Kwame had two separate sexual encounters with the same person, one after the other. So far as sexual activity is concerned, consent is defined in section 74 of the Sexual Offences Act 2003 as agreeing by choice and they having the freedom and capacity to make that choice. (A) does not reasonably believe that (B) consents.(B) does not consent to the touching and.(A) intentionally touches another person (B).In this scenario, Kwame’s Grindr date committed the offence of sexual assault.Ī person (A) commits a sexual assault if: Did Kwame’s date commit an offence, even though he had consensual sexual intercourse with Kwame a short while previously? Kwame’s female friends, Terry and Arabella, are unimpressed with his actions and deem them deceitful, destructive and narcissistic. Feeling deceived, Nilufer throws Kwame out of her flat. Afterwards, Nilufer makes a homophobic comment which prompts Kwame to disclose to her the fact that he is gay. He meets Nilufer, and the two have sexual intercourse. Perhaps in response to the trauma Kwame has experienced at the hands of masculine aggression, he decides to experiment sexually with a woman. The date refuses to let Kwame leave, pins him down and sexually assaults him. As Kwame is about to leave the flat, his date suggests further sexual activity. Kwame and his Grindr date meet up and have consensual sexual intercourse.
He meets a man on Grindr, the dating app. The show’s creator, Michaela Coel, explores the dynamic between consent and deceit a topic that the Court of Appeal very recently considered in R v Lawrance EWCA Crim 971. Part 1 considered the experience of the show’s main character, Arabella this second article looks at the circumstances in which her friend, Kwame, finds himself.
#I may destroy you kwame series
This blog series examines the sexual offences encountered by the main characters in the raw and unflinching BBC series, I May Destroy You.
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