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Top Criminal Barrister QC and Leading Rape Defence Counsel

PROCURING INTERCOURSE

December 14, 2018

A member of a group under police surveillance who had entered into a sexual relationship with an undercover police officer was unable to establish that her lack of knowledge as to the officer’s true identity vitiated her consent to sexual relations within the meaning of the Sexual Offences Act 2003 s.74. There was no justification for extending the common law position as contended for by the claimant, namely that the matter to which the deception related had to be sufficiently serious in objective terms as to be capable of being regarded as relevant to a woman’s decision-making and that, subjectively, the deception went to a matter which the woman regarded as critical or fundamental to her decision-making.

CONSENT CRIMINAL LAW CRIMINAL PROCEDURE DECISIONS TO PROSECUTE MISCONDUCT IN PUBLIC OFFICE POLICE POLICE OFFICERS PROCURING INTERCOURSE RAPE

July 11, 2007

In circumstances where an offender had deceived a complainant and pressured her into having sexual intercourse more frequently than she would have done otherwise, the conclusive presumption under the Sexual Offences Act 2003 s.76 had no application as the complainant had not been deceived as to the nature or purpose of sexual intercourse.

CONSENT CRIMINAL JUSTICE AND COURT SERVICES ACT 2000 s.28 CRIMINAL LAW DECEPTION IRREBUTTABLE PRESUMPTIONS NATURE OF DECEIT CAUSING COMPLAINANT TO HAVE SEXUAL INTERCOURSE PRESUMPTIONS PROCURING INTERCOURSE RAPE s.3 s.74 s.75 s.76 s.76(2)(a) s.77 SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 1956 s.3(1) SEXUAL OFFENCES ACT 2003 s.1(1)

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"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS