This section contains the nature of the case and procedural background.

Morgan (D) and three others were members of the RAF and spent the evening together. By the time the party arrived at D's house, Mrs. Morgan was asleep in bed. Mrs. Morgan was aroused from her sleep held by her limbs, and the three companions of D had intercourse with her. They testified that D suggested that they have the sex with his wife. D told his compatriots that they should not be surprised if his wife struggled a bit as she was 'kinky.' A struggle occurred initially, but the men all claimed that Mrs. Morgan actively cooperated with and enjoyed what was being done to her. The jury had to choose between these conflicting statements. The judge instructed the jury that if the men had an honest and reasonable belief in her consent that they would not be guilty. D claims that the consent must only be honest and need not be reasonable. D was convicted and appealed.

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