Case Studies: Sexual Offences 2

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  • Case Studies: Sexual Offences 2- Fraud
    • R v Flattery (1877)
      • Held: consent vitiated by fraud as to nature and quality of act
      • D told woman with learning difficulties that he was performing surgery on her when in fact he was performing sexual intercourse
    • R v Linekar (1995)
      • Conviction for **** quashed- Fraud did not vitiate consent as to the nature and quality of the act
      • Prostitute had sexual intercourse with D on the understanding he would pay her £25. He never intended to pay
    • R v Clarence (1888)
      • D had sexual intercourse with wife knowing he was infected with gonorrhea. Passed infection to wife
      • Convicted under s.47 and s.20 Offence Against the Person Act 1861 and appealed
      • Conviction quashed- wife had consented, no technical assault or battery occurred
    • R v Elbekkay
      • Boyfriend fell asleep on sofa. Appellant climbed into bed with complainant. She assumed it was her boyfriend, said "I love you". He started to have intercourse with her
      • After 20 seconds she realised it wasn't her boyfriend, punched him and cut him with a knife and then woke her boyfriend
      • Appellant had been out drinking with a couple and they retired to the couple's flat. Continued drinking at flat and the complainant went to bed leaving appellant and her boyfriend in living room
      • Found guilty of **** and appealed contending she had consented
        • Held: appeal dismissed, conviction upheld- rule relating to impersonation of husband applied equally to boyfriend
    • R v Williams (1923)
      • Held: consent vitiated by fraud as to nature and quality of act
      • D was singing coach. Told a pupil that he was performing act to open her air passages to improve her singing, he was actually having sexual intercourse with her


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