Sexual Offences

Question 1

Deception as to the purpose of the act –> no consent

Answer 1

R v Williams 1923

Question 2

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

Answer 2

R v B 2007

Question 3

STI transmission is a violent offence, not sexual- must be informed consent here

Answer 3

Konzani

Question 4

Conditional consent cases
Consent vitiated when there is a condition underlying consent to sex and D goes against that (thereby removing V’s freedom to consent)

Answer 4

R (on the application for F) v DPP and A

Julian Assange v Swedish Prosecution Authority

Question 5

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

Answer 5

McNally

Question 6

Cases about gender deception

Answer 6

R v Lee
R v Newland
R v Staines
R v Wilson