II. Defendant is reckless as to whether the victim consented

II. Defendant is reckless as to whether the victim consented

A defendant is reckless as to whether the victim consented to sexual intercourse where he could not have cared less whether she consented or not. This is sometimes referred to as pressing ahead regardless of whether the victim consented or not. This is a question of fact for the jury in each case as rape trials are heard before a jury in the Court of First Instance.