R v Bingham [2013] EWCA Crim 1223

Court of Appeal

Facts: The defendant used fake profiles to coerce the complainant into sexual acts over a webcam. While the complainant was aware of the defendant’s motivation for sexual gratification, the deception concerned the context.

Held: The Court of Appeal found that the deception did not vitiate consent as the complainant was aware of the defendant’s motivation for sexual gratification. The deception’s impact on consent was not sufficient to invalidate it as it did not affect the nature of the sexual activity itself.

Key Quote: The Court noted that "the deception did not vitiate consent as C was aware of D’s motivation for sexual gratification."

💡Levelup: This case clarified that the nature of the deception must be closely related to the sexual act's nature to vitiate consent.