Papadimitropoulos v R [1957] HCA 74

Papadimitropoulos v R [1957] HCA 74

Consent given to sexual intercourse under the mistaken, fraudulently induced belief of being married is valid consent for the purposes of rape unless there is fraud as to the nature of the act or the identity of the person. Therefore, the accused's conduct did not constitute rape.

Parties
Applicant: John Papadimitropoulos; Respondent: The Queen
Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Appeal From Court of Criminal Appeal of Victoria; Application for Special Leave to Appeal Heard as the Appeal
Outcome
Appeal allowed; conviction quashed
Legal Topics
Rape, Consent, Fraudulently Induced Consent, Marital Status Deception
Criminal Law Rape Consent Fraudulently Induced Consent Marital Status Deception

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Parties

John Papadimitropoulos

Applicant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Court of Criminal Appeal of Victoria; Application for Special Leave to Appeal Heard as the Appeal

Legal Issues

  1. 1 Whether consent to sexual intercourse, given under the mistaken belief (fraudulently induced) of being married to the accused, constitutes consent for the purposes of rape under the Crimes Act 1928 (Vict.), s. 40

Ratio Decidendi

Consent given to sexual intercourse under the mistaken, fraudulently induced belief of being married is valid consent for the purposes of rape unless there is fraud as to the nature of the act or the identity of the person. Therefore, the accused's conduct did not constitute rape.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Special leave to appeal granted
  • Hearing of the application for special leave to be treated as the hearing of the appeal