Regina v. Collins

An 18-year-old woman was asleep in her bedroom. She had been drinking that evening and was sleeping without any clothes on in her bed, which was pushed close to an open window. Stephen Collins (defendant) was a 19-year-old man who, after a night of drinking, went looking for a woman to have sexual relations with. Collins was acquainted with the victim and walked to her house. After seeing her asleep and naked through her open window, he removed his clothes and proceeded to climb into her room through the window. As he was perched on the windowsill, either about to enter the room or after having just entered it, the woman woke up and mistook Collins for her boyfriend. Believing Collins to be her boyfriend, she knelt up on the bed and put her arms around Collins. Collins and the woman had sexual intercourse, after which the woman turned on the light and realized that the man was not her boyfriend. The woman slapped Collins and Collins grabbed her arm. The woman then bit Collins and fled from the room, and Collins left the house. Collins was arrested the next day. He confessed to the police but blamed his conduct on intoxication. During his confession and later at trial Collins gave conflicting testimony as to whether he had intended to rape the victim if she had not been willing to have sex with him. Collins was tried and convicted of burglary with intent to commit rape and appealed the conviction.