Elbekkay, R. v [1994] EWCA Crim 1 (12 September 1994)

Elbekkay, R. v [1994] EWCA Crim 1 (12 September 1994)

Consent obtained by impersonation of a boyfriend or partner is not true consent for the purposes of rape; the actus reus of rape is established where the complainant consents to intercourse under a mistaken belief as to the identity of the partner, and no authority or statute requires a distinction between impersonation of a husband and a partner.

Citation
[1994] EWCA Crim 1
Parties
Appellant: Appellant (unnamed); Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
12 September 1994
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Rape, Consent, Impersonation, Sexual Offences, Actus Reus
Criminal Law Rape Consent Impersonation Sexual Offences Actus Reus

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Appellant (unnamed)

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether consent obtained by impersonation of a boyfriend (not husband) vitiates consent for the purposes of rape
  2. 2 Whether the actus reus of rape is established where the complainant consents to intercourse under a mistaken belief as to the identity of the partner

Ratio Decidendi

Consent obtained by impersonation of a boyfriend or partner is not true consent for the purposes of rape; the actus reus of rape is established where the complainant consents to intercourse under a mistaken belief as to the identity of the partner, and no authority or statute requires a distinction between impersonation of a husband and a partner.

Court Disposition

appeal dismissed