Consider Fred’s criminal liability.

Question

Wilma has recently graduated from law school and is set to embark upon a career in the legal profession. She is invited to an interview at a magic circle law firm with the managing partner, Fred. At the interview Fred offers to show Wilma some technical exercises which, he claims, are guaranteed to improve her legal knowledge. He tells her to kneel in front of him and then proceeds to force his penis into her mouth. She shouts at him to stop. Fred states that if she wants the job at the firm, she’ll have to do what he says.

He exposes his penis and demands sex. Wilma finds him physically repulsive but goes along with having sex with him in the hope of securing a training contract. She is later offered a job at the firm but it is not the role she applied for. She is instead offered the role of a paralegal and not a trainee solicitor. Wilma feels she has been tricked as she is keen to qualify as a solicitor.

Later at a staff social event, the champagne is flowing and feeling intoxicated Wilma decides to confront Fred. She tells him he has taken advantage of her. He invites her to his office to talk about it. She goes with him whereupon he locks the door. She asks to leave but, again, he wants Wilma to have sex with him. They start to have sex but Wilma cries at him to stop. He said, ‘This won’t take long’ and continues to penetrate her.

Consider Fred’s criminal liability.

(100 marks)

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