R v Flattery (1877) 2 QBD 410

Facts

  • The defendant, a doctor, falsely told a young woman with intellectual disabilities that he was performing surgery.
  • Relying on this deception, the woman consented to sexual acts, believing she was undergoing a medical procedure.
  • The court found that the woman's consent was invalid due to her misunderstanding about the real purpose of the act.
  • The Court of Crown Cases Reserved upheld the defendant's conviction for rape, finding the deception negated any possible legal consent.

Issues

  1. Whether consent can be considered valid when obtained through deception regarding the kind and purpose of a sexual act.
  2. Whether the victim’s belief, shaped by the defendant’s deception, can render consent legally ineffective.
  3. How to distinguish between deception about the act’s purpose and deception about collateral matters.

Decision

  • The court held that consent obtained by deceiving a person as to the nature and purpose of the act is not valid consent.
  • The defendant’s conviction for rape was upheld, as the victim’s belief that she was receiving surgery invalidated her consent to the sexual act.
  • The court distinguished between deception as to the act’s purpose and deception about other matters, confirming only the former negates consent in law.

Legal Principles

  • Deception about the kind or purpose of an act vitiates consent in sexual offences.
  • The relevant deception must relate to the actual act, not to ancillary issues such as identity or promises.
  • An objective standard is applied to determine the nature and purpose of the act, while the individual's beliefs help prove whether a relevant deception has occurred.
  • The principle emphasizes the necessity of explicit, informed agreement, especially for vulnerable individuals susceptible to deception.
  • The distinction between deception about the act itself and deception about other matters is critical for determining when consent is legally negated.

Conclusion

R v Flattery established that consent to sexual activity is void if obtained by deceiving a person about the nature or purpose of the act, a rule that protects vulnerable individuals and remains central to the law on sexual offences.

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