Source: All England Reporter
Publisher Citation: [2008] All ER (D) 241 (Feb)
Court: Court of Appeal, Criminal Division
Judge:

Leveson LJ, Hedley J and Sir Peter Cresswell

Representation Claire Howell (assigned by the Registrar of Criminal Appeals) for the defendant.
  Angela Rafferty (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 18 February 2008

Catchwords

Criminal law - Causing a person to engage in sexual activity without consent - Consent - Nature or purpose of relevant act - Defendant posing as 20-year-old woman on Internet - Defendant encouraging 16-year-old male complainant to masturbate - Whether open to jury to decide that complainant being deceived as to purpose of act - , .

The Case

Criminal law - Causing a person to engage in sexual activity without consent. In the instant case, where the complainant, a 16-year-old boy, had masturbated in front of a 'webcam' at the request of a person he believed to be a 20-year-old woman, but where that person was in fact the father of his former girlfriend, the judge at the defendant's trial for causing a person to engage in sexual activity without consent, contrary to of the Sexual Offences Act 2003, had correctly ruled, in the context of s 76 of the Act, that it would be open to the jury to decide that the complainant had been deceived as to the purpose of the act of masturbation.

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