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Regina v. Cogan and Leak

Court of Appeal
1 Q.B. 217 (1976)


Facts

Leak and Cogan (defendants) came home from drinking when Leak told his wife that Cogan wanted to have sex with her and that she was going to let Cogan do so. Leak then laid his wife on the bed, had sex with her, and then watched Cogan have sex with her. Leak’s wife sobbed during the entire ordeal. After Leak and Cogan were finished, they left the house to go drinking again, and Leak’s wife called the police. The police apprehended Leak and Cogan shortly afterwards. Cogan claimed that Leak’s wife consented to the ordeal. At trial, Cogan was convicted of rape because his belief that Leak’s wife had consented was unreasonable. Leak was convicted of aiding and abetting Cogan to rape Leak’s wife. Cogan’s conviction was later overturned when a ruling in a later case determined that even an unreasonable belief of consent to sex was enough to preclude a charge and conviction of rape. Leak appealed his conviction, claiming that he could not be convicted of aiding and abetting Cogan’s rape of Leak’s wife when Cogan was acquitted of rape himself.

Rule of Law

Issue

Holding and Reasoning (Lawton, L.J.)

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