ABSTRACT
For offences where the mens rea is satisfied by intention only or by recklessness, it need only be shown that the defendant had an honest belief in the mistaken fact, which need not necessarily be a reasonable belief. Though obviously the more unreasonable the mistake the less likely the jury are to believe the mistake was genuine. Note that an honest belief in consent is no longer a defence to rape: a mistaken belief as to consent must now be reasonably held (s 1 Sexual Offences Act 2003).
