Sexual Offences Flashcards
Deception as to the purpose of the act ā> no consent
R v Williams 1923
Deception as to HIV status is not deception as to the nature/ purpose of the act. May still be liable for harm caused but not deception as to nature of sexual intercourse
R v B 2007
STI transmission is a violent offence, not sexual- must be informed consent here
Konzani
Conditional consent cases
Consent vitiated when there is a condition underlying consent to sex and D goes against that (thereby removing Vās freedom to consent)
R (on the application for F) v DPP and A
Julian Assange v Swedish Prosecution Authority
Appellants counsel argues that attributes of a person (such as gender) should not vitiate consent
Court held - depending on circumstances, gender can vitiate consent
Question about whether gender was pivotal to consent
McNally
Cases about gender deception
R v Lee
R v Newland
R v Staines
R v Wilson