Regina v. Olugboja

The defendant was convicted of rape and appealed on the grounds that there could only be an absence of consent if the victim's mind had been overborne by fear of death or duress. The victim only began to struggle in earnest after penetration had occurred. The Court held that it is not necessary for the prosecution to prove that what appeared to be consent was actually submission induced by fear, force or fraud, but only that the jury should be instructed to focus on the victim's state of mind immediately before the act of sexual intercourse, in light of all the circumstances. The conviction was affirmed.