Osborne has been a practisting barrister for over 35 years and specialises in public access work. In 1991 he delivered a final speech to the jury in verse, after which he was branded the 'Barrister Bard', which is the name of his blog. He has appeared as a news commentator on BBC and Sky News.

The director of End Violence Against Women Coalition, Sarah Green, told the Daily Mirror: “I find it hard to believe this is not some kind of sick joke or a parody”, while Clare Jones of WomenCentre said: “It’s appalling. We are deeply shocked that even today, in 2015, someone can seriously suggest that the violent crime of rape could be provided with a complete defence if a woman was under the influence of alcohol or drugs at the time. Is Mr Osborne suggesting that women need to be teetotal in public places in order to protect themselves?”

Osborne later added an addendum to his post, in which he clarified his opinion, saying he did not think a drunk could not be raped, but stood by his original piece. “I have received many emails supporting my views, so the issues raised above need to be addressed,” he wrote. “By way of clarification, I withdraw unreservedly the suggestion reported in the Mirror that a woman incapacitated by drink or drugs or both cannot be raped.”

Rape Crisis reports that roughly 85,000 women a year are raped in England and Wales, but the latest figures show that just 5,670 attacks were reported to the police and of the 2,910 cases which went to court, only 1,070 led to a conviction.

Last month Saunders spoke at the National Crown Prosecution Service Police Conference on Rape Investigations and Prosecutions in London and set out the new guidelines regarding consent, commenting: "Consent to sexual activity is not a grey area - in law it is clearly defined and must be given fully and freely. 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 though drink."

The guidelines also say that the ability to consent to sex should also be questioned where the complainant has mental health problems, learning difficulties or was asleep or unconscious at the time of the alleged attack.

"These tools take us well beyond the old saying 'no means no' – it is now well established that many rape victims freeze rather than fight as a protective and coping mechanism," said Saunders.

Barrister sparks outcry with 'deeply offensive' blog post on rape