Practice and Procedure

R v B (2013)

PUBLISHED April 26, 2013

The conclusive presumptions under the Sexual Offences Act 2003 s.76 as to absence of consent had to be strictly construed, and in a case where the defendant had used false identities to make his girlfriend perform sexual acts over a web link for him, the trial judge had erred in putting s.76 to the jury where there was no attempt to analyse the word "purpose" and the jury had not been informed that deception as to identity and consequence were not enough.

CA (Crim Div) (Hallett LJ, Bean J, Judge Pert QC)