Case Studies: Sexual Offences 2
- Created by: Alex.Byrne
- Created on: 27-05-18 17:27
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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
- R v Flattery (1877)
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