Case Studies: Sexual Offences 2

?
View mindmap
  • 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

Comments

No comments have yet been made

Similar Criminology resources:

See all Criminology resources »See all Criminal Justice resources »