Girl duped by man who was actually a woman..
Discussion
qube_TA said:
You get men claiming to be raped via a woman, and not those with strap-ons.
The wording is this: S.1 SOA 2003 said:
1: Rape
(1) A person (A) commits an offence if—
(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.
(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
The word "he" is often gender-neutral in criminal law, but it's not here. (1) A person (A) commits an offence if—
(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.
(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
qube_TA said:
So you're saying it's fraud?
She had a voluntary sexual relationship with someone she believed to be male, which turned out not to be, in these days of enlightened GLBT rights having friskies with a woman who turns out to have a Y chromosome isn't going to stack up as an assault.
I think we're using language slightly differently. When I hear the word "fraud", I am thinking criminal fraud as in the fraud act 2006. In the context of sexual offending, she has been deceived regarding the consent. She had a voluntary sexual relationship with someone she believed to be male, which turned out not to be, in these days of enlightened GLBT rights having friskies with a woman who turns out to have a Y chromosome isn't going to stack up as an assault.
I think we essentially mean the same thing. She has been deceived, but that's 'merely' the basis for the act to become a crime. Without the act, the 'fraud' / deception doesn't mean anything.
I've quoted Justine McNally v R [2013] EWCA Crim 1051 twice in the thread to show a similar set of circumstances resulted in a conviction.
La Liga said:
think we're using language slightly differently. When I hear the word "fraud", I am thinking criminal fraud as in the fraud act 2006. In the context of sexual offending, she has been deceived regarding the consent.
I think we essentially mean the same thing. She has been deceived, but that's 'merely' the basis for the act to become a crime. Without the act, the 'fraud' / deception doesn't mean anything.
Oh well, I hope it's thrown out, silly girl decides she's not really a lesbian and seeks cash.I think we essentially mean the same thing. She has been deceived, but that's 'merely' the basis for the act to become a crime. Without the act, the 'fraud' / deception doesn't mean anything.
1974nc said:
Johnnytheboy said:
Mate of mine had a press cutting about a similar case stuck on his student bedroom door in c.1992, except in this case the relationship had gone on for something like a year.
The article referred to - and it was this that amused my friend so much - the male impersonator using "some kind of implement" as a penis substitute.
The protagonist in that story went to my school!!The article referred to - and it was this that amused my friend so much - the male impersonator using "some kind of implement" as a penis substitute.
phil1979 said:
Interesting that the defendant was happy to show her face when arriving at court. She's clearly got some balls.
Not much choice really. I don't like how the accused isn't given anonymity until they are actually convicted but the accuser often is. Has ruined a lot of innocent peoples' lives as rape and other sexual crimes is one of the more demonised crimes.Edited by AndrewEH1 on Thursday 10th September 21:41
AndrewEH1 said:
Not much choice really. I don't like how the accused isn't given anonymity until they are actually convicted but the accuser often is. Has ruined a lot of innocent peoples' lives as rape and other sexual crimes is one of the more demonised crimes.
Precisely. The accused will never live it down even if she's found not guilty. Edited by AndrewEH1 on Thursday 10th September 21:41
Indeed. It's an unusual, but not unheard of scenario.
http://www.bbc.co.uk/news/uk-england-merseyside-34...
http://www.bbc.co.uk/news/uk-england-merseyside-34...
This bizarre case concludes today. http://www.liverpoolecho.co.uk/news/liverpool-news...
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