FRAUD AND CONSENT IN RAPE - COMPREHENSION OF THE NATURE AND CHARACTER OF THE ACT AND ITS MORAL IMPLICATIONS

• NCJ Number: 35894
• Journal: CRIMINAL LAW QUARTERLY Volume: 18 Issue: 3 Dated: (MAY 1976) Pages: 312-324
• Author(s): J A SCOTT
• Date Published: 1976
• Length: 13 pages
• Corporate Author: Canada Law Book
• Publication Format: Article
• Language: English
• Country: Canada

Annotation

THIS ARTICLE REVIEWS CASE LAW RELATING TO WHETHER AGREEMENT TO AN ACT OF INTERCOURSE WITH A MEDICAL MAN IN THE BELIEF THAT IS 'TREATMENT' DOES OR DOES NOT NEGATE A CHARGE OF RAPE.

Abstract

THE AUTHOR POINTS OUT THAT ON BALANCE, THE CASES SUPPORT THE CONTENTION THAT FRAUD AS TO THE NATURE OF THE ACT OUSTS REALITY OF CONSENT TO SEXUAL INTERCOURSE. SHE ALSO CONCLUDES THAT THERE IS VALID CASE LAW SUPPORT FOR THE VITIATING EFFECT OF THE FRAUD WHERE THE MORAL IMPLICATIONS OF SEXUAL INTERCOURSE ARE NOT CONSENTED TO BY THE WOMAN.