David Osborne said consent must be considered in rape cases even if given when 'blind drunk'

A barrister has sparked fury among rape victims after insisting men should not be convicted if the woman is drunk or on drugs when sexually assaulted.

Writing in a blog post titled 'She's gagging for it', David Osborne protested 'consent is consent, blind drunk or otherwise'.

The Somerset-based barrister added rape statistics would drop if women 'covered up and did not drink themselves legless.'

His comments have been slammed by rape victims and support groups as 'vile'.

Spurred by the Crown Prosecution Service's announcement last month that defendants must prove a a woman not only gave consent to sex but was in an able state of mind to do so, Mr Osborne said: 'I have always found it distasteful and unattractive the suggestion that as the victim was blind drunk she (was) therefore unable to give her consent to sex, or more to the point, she gave her consent which she would not have given had she been sober.

'In my book, consent is consent, blind drunk or otherwise, and regret after the event cannot make it rape,' he continued the post.

'I have a very simple solution which I hope you will agree is fair. If the complainant (I do not refer to her as the victim) was under the influence of alcohol or drugs, or both, when she was ‘raped’, this provides the accused with a complete defence.

'End of story and a victory for fairness, moderation and common sense!'

Mr Osborne's comments were lambasted by rape victims and charities this morning.

Siobhan Ames-Bell, whose step-father was jailed for raping her last year, said: 'His comments are absolutely vile.

'If a person is not in a position to consent then it is rape.

'Sex is a choice, when both people involved are not in consent then it is rape.'

The views of Miss Ames-Bell, who waived her anonymity to campaign on behalf of other rape victims, were echoed by the End Violence Against Women Coalition who described Mr Osborne's comments as 'sick'.

Mr Osborne made the controversial comments in a blog post titled 'She was gagging for it' on his website

'I find it hard to believe this is not some kind of sick joke or a parody,' Sarah Green, the Coalition's director told the Daily Mirror.

'He is suggesting the opposite of the law.The guy is a barrister and there’s no way he doesn’t know all this.'

Defending his comments, Mr Osborne said the decision on whether or not a woman is fit enough to have sex should not be left up to 'the red-blooded bloke'.

‘After sexual intercourse has taken place whilst a girl was clearly drunk, when she sobers up and then says “I wouldn't have consented had I been sober” I'm saying very firmly: “bad luck”,' the barrister told MailOnline this morning.

‘Why should the responsibility for making these decisions be placed upon the bloke?

'The red-blooded bloke out on the town, there to enjoy himself, if he thinks that someone is likely to consent and he makes the usual enquiries as you do, obviously he should whether she is underage but beyond that I don't really see why the responsibility for determining whether sexual intercourse takes place with consent and with consent freely given, is entirely the responsibility of the accused person.

Rape victim Siobhan Ames-Bell (left) described Mr Osborne's comments as 'vile'. The barrister penned the controversial blog post following the announcement by Director of Public Prosecutions, Alison Saunders, (right) that the law needed to be adapted to shift blame from rape victims who had been drinking

‘I think that is wrong I think that is unfair, I think it should be a more balanced approach.

'The point I'm trying to make is not that drunken women are not a free-for-all for irresponsible men, what does concern me and that was the reason why all this has started is that the pendulum has swung too far the other way by saying there may be factors which may not be known to the accused at the time but that will subsequently come out which will assist the jury and I say that's totally unfair.’

Mr Osborne was speaking of the recent announcement by the Director of Public Prosecutions, Alison Saunders, who said more should be done to determine whether a woman was fit to give consent in alleged rape cases.

‘It is not a crime to drink, but it is a crime for a rapist to target someone who is no longer capable of consenting to sex through drink,' Mrs Saunders said last month.

Mr Osborne however said women who were 'unwilling to behave properly'

'In towns and cities across the country, girls who shouldn't be out on the street at all, are inappropriately dressed and getting completely rat-arsed.

‘I'm talking about vulnerable girls, clearly are not either willing or able to behave themselves properly and when I say this I mean dress appropriately and don't drink to excess.