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KembaraXtra-Case Law- R v Matthews (1997)
Citation: R v Matthews [1997] CC
Facts:
Citation: R v Matthews [1997] CC
Facts:
- The defendant (D) engaged in sexual activity with the victim (V), a male-to-female transsexual.
- D removed V's clothing, touched her genital area, and penetrated her artificial vagina with his penis.
- D was charged with rape, arguing that penetration of an artificial vagina did not constitute rape.
- Does penile penetration of an artificial vagina constitute rape under the law?
- Yes. The court convicted D of rape.
- The Criminal Justice and Public Order Act 1994 expanded the definition of rape to include anal penetration of a man.
- The court reasoned that this expansion implicitly included "vaginal" penetration of a person who is biologically male but identifies as female.
- Clarifies the definition of rape in the context of transsexual individuals and the expansion of the law.
- Demonstrates a broader interpretation of "vagina" to encompass constructed vaginas in the context of sexual offences.
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