Sex, lies and legal consent: Can deceit turn sex into rape?

Article here. Excerpt:

'Lawrance's defence barrister David Emanuel QC compared his client's lie about the vasectomy to a woman lying about being on the contraceptive pill. He argued that if Lawrance were convicted of rape for lying about being infertile, then a woman could arguably be convicted of a sexual offence for a similar act of deceit.

Under current law in England and Wales, a woman cannot be prosecuted for raping a man because rape is defined under the Sexual Offences Act 2003 as an offence of penetration committed with a penis. Legislation in Scotland and Northern Ireland also specifies that rape is committed with a penis.
Ms Russell has a problem with the vasectomy and contraceptive pill comparison. "With issues around contraception and pregnancy, it's the woman whose body and life and health is affected by that kind of lie," she said. "That is not in any way comparing like for like, because it's a woman who has to deal with the consequences of pregnancy and termination, and, in the example given, the impacts on the man are not of a comparable kind."

But Ms Paul is not so sure. "The issue is the extent to which the lie vitiates (negates) consent," she said. "If a man finds himself a father of a child under these circumstances, there are all sorts of consequences that flow from that.

"It might be argued there is a double standard. In so many walks of life we [women] have achieved equality and demand to be treated with the same level of respect as men. Where the lie deemed to create criminal liability is exactly the same, I think it is problematic to carve out areas where we are protected solely because we are women."'

Like0 Dislike0