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 had a present intention of paying the 25 pounds.
Held: The appeal succeeded. ‘In rape, for consent to be vitiated by fraud, the deception must be either as to the nature of the act or as to identity. the prostitute here consented to sexual intercourse with the appellant. The reality of that consent is not destroyed by being induced by the appellant’s false pretence that his intention was to pay the agreed price of andpound;25 for her services. Therefore, he was not guilty of rape.
If anything, the appellant was guilty of an offence under section 3 of the 1956 Act which was not an alternative that was put to this jury.’
Swinton Thomas LJ, Morland, Steel JJ
Gazette 11-Jan-1995, Ind Summary 19-Dec-1994, Times 26-Oct-1994, [1994] EWCA Crim 2, [1995] 2 WLR 237, [1995] 2 CAR 49, [1995] 3 All ER 70, [1995] QB 250
England and Wales
CitedRex v Joseph Jackson 1822
12 judges decided by 8 to 4 that carnal knowledge of a woman whilst she was under the belief that the man is her husband was not rape. . .
CitedRegina v Barrow 1868
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 . .
CitedRegina v Flattery 1877
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 . .
CitedRegina v Dee 1884
Court of the Crown Cases Reserved of Ireland – May CJ (who had also been the trial judge), set out the facts: ‘There is not, I think, any doubt or dispute as to the facts and circumstances of the case. Upon the report of the Judge, who was myself, . .
CitedRegina v Clarence CCCR 20-Nov-1888
The defendant knew that he had gonorrhea. He had intercourse with his wife, and infected her. She would not have consented had she known. He appealed his convictions for assault and causing grievous bodily harm.
Held: ‘The question in this . .
CitedRex v Williams 1923
The victim complained of rape, saying that she had agreed only to a physical manipulation by the defendant choir master which would provide her with extra air supply to improve her singing.
Held: The appeal failed. The victim had not consented . .
CitedPapadimitropolus v Regina 1956
High Court of Australia. The rape complainant wrongly believed that she had gone through a marriage with the appellant.
Held: ‘Rape is carnal knowledge of a woman without her consent. Carnal knowledge is the physical act of penetration. It is . .
CitedOlugboja, Regina v CACD 17-Jun-1981
The actus reus of the offence of rape was an act of sexual intercourse to which the complainant did not consent at the time it occurred. . .

Cited by:
CitedRegina v Tabassum CACD 11-May-2000
The defendant had pretended to be medically qualified in order to obtain the opportunity to examine women’s breasts. He appealed against his conviction for indecent assault, saying that the complainants had consented to the examinations.
Held: . .
CitedX City Council v MB and others; re MAB FD 13-Feb-2006
The adult patient was autistic. The doctors said that he lacked capacity, and the authority sought to prevent his return to Pakistan with, they thought, a view to being married. . .
CitedAssange v Swedish Prosecution Authority Admn 2-Nov-2011
The defendant argued that he should not be extradited under a European Arest warrant to Sweden to face allegations of serious sexual assaults. He argued that the prosecutor requesting the extradition was not a judicial authority, that some offences . .
CitedMonica, 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 . .
CitedLawrance, 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.87187