Recovery of Compound Interest as Restitution or Damages
between complainant and defendant would have been useful. Such guidance might be of particular assistance to those jurors who are confused about the meaning of ‘capacity’ in the 2003 Act and fall back on stereotypes or moral judgments to help guide their decisions. However, on the basis of the current literature, one has to wonder whether additional guidance will make any great di¡erence to those jurors who think intoxicated women are ‘totally’ responsible when they are raped, although fortunately, such people appear to be small in number. Consequently, it would appear that clarity in the guidance given to jurors, who wish to reach a verdict on the basis of the evidence before them, will continue to be essential in cases involving intoxication.