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S1, L9 - Sexual Offences - Coggle Diagram
S1, L9 - Sexual Offences
Bakground info
In English Law to be liable for rape, it is NOT necessary that the defendant used force.
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Consent
Misrepresentation
Williams (1923) - Choir master decided girl into believing he was performing medical procedure when her was having sex with her. He had deceived her as to the nature of the act so her consent was vitiated and he was convicted of rape.
Claren e (1888) - Fruid only vitiates consent if the fraud related to the nature of the act or identity of the person.
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Assange [2011] – Deception of using a condom during intercourse, could this vitiate consent? Court held s76 would not apply but if established then there was potentially a lack of freedom to agree by choice under S. 74.
S74 Sexual Offences Act 2003: "For the purposes of this Part, a person consents if he agrees by choice, and has the freedom and capacity to make that choice”.
So, positive consent required, agreement by choice, keeping V has not positively consented, V incapable though drink has not positively conented.
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R v Cooper (2009) - V has history of serious mental disorder, D gave her cocaine then made her perform oral sex on him. HoL found she lacked the capacity to agree by choice with the particular defendant in the particular circumsatnces.