R v Tabassum [2000] 2 Cr App R 328

Court of Appeal

Facts: The defendant, falsely claiming to be a medical professional, conducted breast examinations under the pretense of a cancer survey. The women consented to the examinations based on the fraudulent misrepresentation.

Held: The court upheld the conviction, ruling that the women's consent was invalid because it was based on a fraudulent misrepresentation regarding the nature of the act. The nature of the examination was not what they had consented to.

Key Quote: Rose LJ: “The consent was not true consent because it was obtained by fraud as to the nature of the acts... it was not a medical examination to which the women consented.”

💡Levelup: This case highlighted that consent obtained through fraudulent misrepresentation about the nature of the act is invalid, emphasizing the importance of transparency in obtaining consent.