The victim of the rape alleged that she had agreed to a surgical procedure which she hoped would cure her fits.
Held: Denman J said: ‘There is one case where a woman does not consent to the act of connection and yet the man may not be guilty of rape, that is where the resistance is so slight and her behaviour such that the man may bona fide believe that she is consenting.’
(1877) 13 Cox CC 388, (1877) 2 QB 410
England and Wales
Cited – Regina v Morgan HL 30-Apr-1975
The defendants appealed against their convictions for rape, denying mens rea and asserting a belief (even if mistaken) that the victim had consented.
Held: For a defence of mistake to succeed, the mistake must have been honestly made and need . .
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 . .
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.258683