R v Lawrence [2020] EWCA Crim 971

Court of Appeal

Facts: The defendant falsely claimed to have undergone a vasectomy, persuading the complainant to engage in unprotected sex, contrary to her usual practice of using condoms. The complainant’s consent was influenced by the belief that there was no risk of pregnancy.

Held: The Court of Appeal quashed the conviction, finding that the deception about having a vasectomy pertained to the risks and consequences of sex (i.e., potential pregnancy) rather than to the nature of the sexual act itself. Therefore, it did not vitiate consent under Section 76 of the Sexual Offences Act 2003.

Key Quote: The Court held that "deception about having had a vasectomy pertains to risks and consequences rather than to the nature of the act itself."

💡Levelup: This case highlighted that deceptions related to the risks or consequences of sexual activity do not necessarily affect the validity of consent as directly as deceptions concerning the nature of the act.