The defendant appealed aganst his conviction for rape.
Held: Bovill CJ said: ‘It does not appear that the woman, upon whom the offence was alleged to have been committed, was asleep or unconscious at the time when the act of connection commenced. It must be taken, therefore, that the act was done with the consent of the prosecutrix, though that consent was obtained by fraud. It falls therefore within the class of cases which decide that, where consent is obtained by fraud, the act done does not amount to rape.’
Judges:
Bovill CJ, Channell B, Byles J, Blackburn J and Lush J
Citations:
(1868) LR 1 CCR 156
Cited by:
Cited – Regina v Linekar CACD 21-Oct-1994
L appealed against his conviction for rape. His victim was a woman working as a prostitute. He said that he had simply made off afterwards without payment. He was convicted on the basis that he had procured the act by a false pretence by him that he . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 11 May 2022; Ref: scu.554811