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KembaraXtra - Case Law - R v. Williams (1923)
​ I. Case Citation: R v. Williams (1923) (Court of Appeal)
II. Facts:
  • The defendant (D), a singing teacher, convinced his pupil (V) to have sexual intercourse with him.
  • D fraudulently told V that the intercourse was part of a breathing exercise.
III. Issue:
  • Whether the defendant's fraudulent misrepresentation vitiated the victim's consent to sexual intercourse, thereby constituting rape.
IV. Holding:
  • The Court held that D was guilty of rape.
V. Reasoning (Per Lord Hewart CJ):
  • Fraud as to the nature of the act negates consent.
  • If the victim is deceived into believing the act is something other than sexual intercourse (e.g., a medical procedure), her apparent consent is invalid.
  • In this case, V consented to a "breathing exercise," not sexual intercourse.
VI. Key Principle:
  • Consent to sexual intercourse must be genuine and informed. Fraudulent misrepresentation regarding the nature of the act itself vitiates consent, rendering the act rape.
VII. Significance:
  • This case clarifies the boundaries of consent in sexual offences, emphasizing that consent must be given to the actual act taking place, not a misrepresented version of it.
  • Highlights the importance of understanding the victim's perception and understanding of the act.
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