Hughes [1841]
penetration
penetration of the vagina, the hymen need not be ruptured
Ram and Ram [1893] 17 Cox CC 609
by the penis
a women can aid and abet rape and cause a person to engage in non consensual sexual activity
Ismail [2005] EWCA Crim
of the vagina, anus or mouth of C
sentencing should not be distinguished between the orifices penetrated. This is based on the view that each represent violation
Gaston [1981] 73 Cr App R 164
this was not rape, only indecent assault – but now rape under 2003 act
Reynard Sinaga [2020]
• The 1994 criminal justice and public order Act made it rape, meaning a man can rape a man.
Cogan and Leak [1976] QB 217
marital rape
Cogan and Leak [1976] QB 217 – D was guilty of procuring another to rape his wife
R [1992] 1 AC 599
a husband can rape his wife
A [2012] EWCA Crim 1646
still rape even though D was brought up abroad where marital non-consensual rape doesn’t exist
Horn [1912] 7 Cr App R 200
burden of proof on prosecution to prove lack of consent
Malone [1998] 2 Cr App R 447
- D appealed against his conviction for raping a 16 year old drunken girl in her bedroom
- C said she did not physically resist and did not verbally protest, as the drink had disabled her from doing either
- D argued that C must demonstrate lack of consent by resistance either by speech or by physical conduct
Communication of no consent
• D appealed against his conviction for raping a 16 year old drunken girl in her bedroom
• C said she did not physically resist and did not verbally protest, as the drink had disabled her from doing either
• D argued that C must demonstrate lack of consent by resistance either by speech or by physical conduct
• CA rejected his argument: but there must be some evidence of lack of consent
Cooper & Schaub [1994] Crim LR 531
Rape as a continuing act.
the initial act of penetration continues until the other elements are present
Leaver [2006] EWCA Crim 2988
D had consensual sex at a bus stop but later failed to withdraw when C said “no”
Flattery [1887] 2 QBD 410
- C mother took C to the ‘doctors’ stall in a market
- The mother explained C symptoms (seizures)
- The doctor took C to an inn and said to cure the seizures “natures string wanted breaking”
- Had sexual intercourse with C
- D’s conviction was upheld – deception as to the nature of the act
Williams [1923] 1 KB 340
- D choirmaster deceived C1, ages 16, into believing that sexual intercourse was an act which would imbrove her breakther, and therefore her singing
- D said ‘ your breather is not quite right and I have to make an air passage to make it right’
- D told a similar story to C2, whom he did not rape but sexually assaulted
- Conviction upheld because of the deception vitiated consent
Linekar [1995] 2 Cr App R 49
no deception as to nature of the act where a sex worker consented to sex as the basis of a lie that she would be paid
Tabassum [2000] 2 Cr App R 328 (sexual assault case)
- D told C that he was conducting breast examination for a cancer screening programme
- D was unqualified and conducting the examination for sexual gratification
- CA HELD that although there was consent to the nature of the act there was no consent to the quality of the act, the women would not have consented if they had known his purpose
