R(F) v DPP [2013] EWHC 345

High Court

Facts: The defendant (D) deceived the complainant (V) into believing he would withdraw before ejaculation, but did not. The key issue was whether this deception regarding withdrawal affected the validity of consent.

Held: The High Court upheld the conviction, ruling that the deception about withdrawal vitiated consent. The court found that the deception related to a specific aspect of the sexual act (withdrawal) and thus impacted the nature of the act, invalidating consent.

Key Quote: The Court noted that "deception regarding the nature of the sexual act, such as withdrawal, can vitiate consent."

💡Leveluplaw: This case highlighted how deception about specific aspects of the sexual act, such as withdrawal, can significantly impact the validity of consent, underscoring the importance of honesty in sexual interactions.