0161 236 7007

The country’s leading criminal defence lawyer is urging men, women and trans genders – consuming alcohol on a night out to carry “consensual sex” forms.

nick freeman sexual consent form farce

 

Nick Freeman, aka Mr Loophole, made the call after the head of the Crown Prosecution Service (CPS) said new guidelines being introduced would mean men will have to prove a woman said yes to sex!

Manchester based Mr Freeman said this effectively changed the underlying tenet of the British legal system – that of the presumption of innocence.

Speaking at a conference last week, CPS director Alison Saunders said she wanted both police and prosecutors to ask the suspect how they knew the complainant was saying yes to sex, and doing so freely and knowingly when
consent was the issue.

Mr Freeman, whose clients include soap stars, sports stars and rock stars, said: “Ms Saunders touches on a serious point since consent is an issue in 80 per cent of rape allegations.

“However, her proposals effectively reverse the burden of proof by placing it upon the defendant instead of The Crown.

“The prosecution having to prove their case so that the court is sure has been the bedrock of our legal system for hundreds of years. It is a seismic shift in the law which in these circumstances is wholly inappropriate.

“Apart from total alcohol abstinence, the only way to ensure consensual sex is to obtain a signature or signatures, when sober, upon a consent form.

“Moreover this must be freely signed, and, ideally witnessed by someone who is also sober, before any sexual act by the willing party or parties.

“Thus, if a complaint is made to the police, this document is crucial evidence in supporting the issue of consent.”

Mr Freeman added: “In my view such proposals are preposterous, impractical and unworkable as well as being a de-stimulant and a breach of privacy.

“The truth is, as advocated by retired judge Mary Jane Mowat, sexual participants need to become far more responsible in terms of their alcoholic ingestion. Only then will this issue of consent be seriously reduced.”