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Mistaken identity in sex - "known personally to the complainant" - celebrities?

Hi; just revising consent at the moment.

A scenario that appears in almost all the past papers in consent problems is something like this:

D impersonates David Beckham in order that V has sexual intercourse with him. V has sexual intercourse with D believing him to be David Beckham, but afterwards finds out he is a rogue.

I know the statute s.76(2) Sexual Offences Act 2003 provides that if D impersonates a person known "personally to the complainant" there is an irrebutable presumption of non-consent - but I haven't found any articles that elaborate on the 'celebrity' question - the textbooks just seem to add it in there as a rhetorical question - ''what if D was impersonating a famous movie star"

Any help would be appreciated, with or without relevant authority.

L
Original post by lesbionic
Hi; just revising consent at the moment.

A scenario that appears in almost all the past papers in consent problems is something like this:

D impersonates David Beckham in order that V has sexual intercourse with him. V has sexual intercourse with D believing him to be David Beckham, but afterwards finds out he is a rogue.

I know the statute s.76(2) Sexual Offences Act 2003 provides that if D impersonates a person known "personally to the complainant" there is an irrebutable presumption of non-consent - but I haven't found any articles that elaborate on the 'celebrity' question - the textbooks just seem to add it in there as a rhetorical question - ''what if D was impersonating a famous movie star"

Any help would be appreciated, with or without relevant authority.

L


We did this exact problem in one of my classes - here is the answer my supervisor gave (he's a criminal judge...).

Not known personally so not under s76(2)(b) so to do with general consent, need to show reasonable belief. Do we know she knows he’s an impersonator? Statute doesn’t presume this because it’s unlikely to be ambiguous, so you’re probably consented. That’s the reason for the statue.

EDIT:

If V is Victoria Beckham then it comes under s76(2)(b)
(edited 13 years ago)
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lesbionic
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Original post by The West Wing

EDIT:

If V is Victoria Beckham then it comes under s76(2)(b)


:biggrin: Thank you very much :tongue:
Wait, if I say I'm david beckham and have sex, I could be charged with rape?
Original post by Wasted Wrath
Wait, if I say I'm david beckham and have sex, I could be charged with rape?


Generally no - unless you look identical to David Beckham it will be hard for a jury to convict you. The woman will probably have consented.

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