Legal Case Summary
DPP v Morgan [1976] AC 182
Rape – Consent – Honest Belief to Consent – No Reasonable Belief Required if Honest and Genuine Belief to Consent
Facts
The defendant was a Royal Air Force Pilot and he had invited his friends over to have sexual intercourse with his wife. He told them that any signs of struggle were not to be seen as a lack of consent and that she enjoyed it. The men were convicted of rape, while Morgan was convicted of aiding and abetting his wife. The men had argued that they had the honest belief that the complainant had consented to sexual intercourse.
Issues
The defendant appealed on the direction of the trial judge. The issue in this case was concerning whether there could be a conviction for rape if the defendant honestly believed that the woman consented to sexual intercourse, if his belief was not based on reasonable grounds.
Decision / Outcome
It was held that as long as a belief was genuine and honest pertaining to consent, it did not have to be a reasonable belief for a defence to rape. The focus was on the mens rea of rape; there had to be an intention to commit the crime, as well as a lack of consent. There was a requirement to know the woman had not consented or reckless to whether she did. Despite this decision, the conviction was upheld, as no reasonable jury would have found them not guilty, even if directed correctly by the judge. The complainant had clearly communicated her lack of consent for sexual activity in this case.
Updated 19 March 2026
This article accurately summarises the decision in DPP v Morgan [1976] AC 182 and the legal principle it established at common law. However, readers must be aware that the Morgan principle has been substantially superseded by statute and no longer represents the current law of England and Wales on rape.
The Sexual Offences Act 2003 replaced the common law approach. Under section 1 of that Act, the mens rea of rape requires that the defendant did not reasonably believe that the complainant consented. Section 1(2) provides that whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps the defendant took to ascertain whether the complainant consented. An honest but unreasonable belief in consent is therefore no longer a defence to rape under current law. The 2003 Act also introduced a statutory definition of consent (section 74) and evidential and conclusive presumptions about consent (sections 75 and 76).
Morgan retains historical and academic importance as it shaped the debates that led to legislative reform, and it remains relevant to understanding the development of the mens rea doctrine in sexual offences. However, it should not be treated as a statement of current law.
