Facts
- The defendant, a singing teacher, misled his student by claiming he would perform a surgical operation to improve her breathing and, consequently, her singing abilities.
- In reality, the defendant engaged in sexual intercourse with the student under this false pretense.
- The student believed she was consenting to a medical procedure, not a sexual act.
- The case was heard before the Court of Criminal Appeal.
Issues
- Whether consent obtained through deception as to the nature or purpose of an act is legally valid in criminal law.
- Whether the distinction between deception as to the nature of the act and deception as to its quality affects the validity of consent.
Decision
- The court ruled that the victim’s consent was invalid because it was based on a fundamental deception regarding the nature and purpose of the act.
- The court held that the victim had consented to what she believed was a medical procedure, not to sexual intercourse.
- The distinction was drawn between deception as to the nature of the act, which invalidates consent, and deception as to the quality of the act, which may not.
Legal Principles
- Consent is invalid where there is deception as to the nature or purpose of the act.
- An individual’s agreement is only valid if it is informed and freely given concerning both the true nature and purpose of the act in question.
- The rule established in this case applies beyond medical or quasi-medical scenarios, affecting any context where the purpose or nature of an act is misrepresented.
- Subsequent case law, such as R v Flattery (1877) 2 QBD 410 and R v Tabassum [2000] 2 Cr App R 328, has applied and affirmed the principles set out in R v Williams.
Conclusion
R v Williams [1923] 1 KB 340 established that where consent is obtained by deception as to the nature or purpose of an act, such consent is invalid in criminal law, and this rule has been reaffirmed and consistently applied in subsequent related cases.
