LAW

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KembaraXtra-Case Law-Elbekkay (1995)
​Consent & Impersonation
Facts:
  • V (Victim) lived with her boyfriend. D (Defendant) was a guest.
  • V and D were both intoxicated.
  • V claimed D entered her bed while she was sleeping and touched her.
  • V initially believed D was her boyfriend, and they had sexual intercourse.
  • Upon realizing D was not her boyfriend, V punched him.
  • D was charged with rape, claiming V consented even after recognizing him.
Issue:
  • Validity of consent obtained through impersonation.
Held:
  • Consent obtained by impersonating a woman's boyfriend is invalid.
  • The rule invalidating consent through impersonation extends beyond impersonating a husband.
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