R v Kirk [2008] EWCA Crim 434

Key point

  • An offer for a benefit in exchange for sex to vulnerable and desperate persons can be submitted to without consent


  • D offered to pay V, a girl aged 14, £3.45 to have sex
  • V agreed and used money to buy food
  • D was convicted of rape and appealed
  • The judge in his direction stated that distinction was to be drawn between consent and ‘willing submission’, and asked ‘So what was in her mind? Did she agree to have sex, or did she just submit to get £3.25?

Held (Court of Appeal)

  • Appeal dismissed – the judge’s direction was correct

Pill LJ

  • Submission can be ‘willing’ in the sense that there was no attempt at physical resistance, that still leaves open the possibility that V submitted and did not consent
  • But the expression ‘willing submission’ should not be used in the future as it can be easily confused with consent