R v McNally [2013] EWCA Crim 1051

Court of Appeal

Facts: The defendant, a transgender individual born female but presenting as male, engaged in sexual activities with the complainant who believed the defendant was male. The complainant’s consent was based on the assumption of the defendant’s male identity, which influenced his willingness to engage in the sexual acts.

Held: The Court of Appeal ruled that the complainant's consent was vitiated by the defendant's deception about their gender. The court applied a "broad common sense approach," concluding that deception about gender is critical as it directly affects the nature of the sexual activity and thus the validity of consent.

Key Quote: The Court remarked that "deception as to gender is a significant factor in vitiating consent, as it directly impacts the nature of the sexual act."

💡Levelup: This case established that gender deception is fundamentally tied to the nature of sexual acts, impacting consent validity significantly.