The defendant appealed against his conviction for rape. The victim had mistaken him man for her ‘boyfriend’
Held: it was rape for a man to have intercourse with a woman by impersonating her boyfriend with whom she had been living for 18 months. The 1885 Act ‘was limited to husbands because it was . . designed to resolve a particular confusion’.
McCowan LJ, Sachs, Mitchell JJ
[1994] EWCA Crim 1, [1995] Crim LR 163
Bailii
Criminal Law Amendment Act 1885 4
England and Wales
Cited by:
Cited – Monica, Regina (on The Application of) v Director of Public Prosecutions Admn 14-Dec-2018
Deception as to identity did not undermine consent
The claimant had been an environmental campaigner. She had had a sexual relationship with a man who was unknown to her an undercover police officer. She now challenged the decision not to prosecute him for rape.
Held: Her claim failed. Case . .
Cited – Lawrance, Regina v CACD 23-Jul-2020
Consent not removed by Lie as to Vasectomy
The defendant appealed from his conviction of rape. He had represented to his victim that he had had a vasectomy to secure consent which the court found had been vitiated.
Held: The appeal was allowed. Could a lie about fertility negate . .
These lists may be incomplete.
Updated: 12 July 2021; Ref: scu.245680 br>