How is this sexual assault? (confused)

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billydisco
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I am failing to see how this is sexual "assault":

http://www.telegraph.co.uk/news/ukne...ght-years.html

Does this mean if a transvestite didn't reveal their original gender before consensual sex, it would be classed as "sexual assault"??
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uberteknik
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(Original post by billydisco)
I am failing to see how this is sexual "assault":

http://www.telegraph.co.uk/news/ukne...ght-years.html

Does this mean if a transvestite didn't reveal their original gender before consensual sex, it would be classed as "sexual assault"??
If the duped person had no reason to think otherwise and decided to press charges, then yes, the outcome could be assault.

The media rely on people being judgemental, pietistic and factually complacent. Each case must be trialled on their own facts.
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billydisco
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(Original post by uberteknik)
If the duped person had no reason to think otherwise and decided to press charges, then yes, the outcome could be assault.

The media rely on people being judgemental, pietistic and factually complacent. Each case must be trialled on their own facts.
I'm genuinely confused though, what is it she did which was wrong? The girl consented to sex!
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Nolofinwë
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(Original post by billydisco)
I'm genuinely confused though, what is it she did which was wrong? The girl consented to sex!
Her choice to consent was not sufficiently free and informed, because she was deceived about the sex/gender of her partner. If you want further info, the court of appeal decided R v McNally [2013] EWCA Crim 1051 two years ago, which is materially similar.
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billydisco
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(Original post by Nolofinwë)
Her choice to consent was not sufficiently free and informed, because she was deceived about the sex/gender of her partner. If you want further info, the court of appeal decided R v McNally [2013] EWCA Crim 1051 two years ago, which is materially similar.
Informed on what? If somebody lies about their age, does that count as assault?

It seems stupid- she chose to be blindfolded!
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uberteknik
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(Original post by billydisco)
I'm genuinely confused though, what is it she did which was wrong? The girl consented to sex!
She maintained the pretence by convincing the other to wear a blindfold during their encounters, claiming she (he) was self conscious and of low self-esteem because of facial surgery.

The whole relationship was based on a web of sexual deviance and deceipt.

I guess it's rather like bigamy - one person is conned into building a life, intimacy and exclusivity, all based on lies and deceit.
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MatureStudent36
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(Original post by billydisco)
I'm genuinely confused though, what is it she did which was wrong? The girl consented to sex!
Penetrative assault.
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Nolofinwë
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(Original post by billydisco)
Informed on what? If somebody lies about their age, does that count as assault?

It seems stupid- she chose to be blindfolded!
I've found the judgment for McNally in the public domain, so you can see the reasoning for youself: see Leveson LJ at [23] - [27]

https://genderidentitywatch.files.wo...cnally-v-r.pdf

I think the reasoning could do with a little less assertion and a little more elaboration, but this is our authority as it stands.
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The Blue Axolotl
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I just had to...

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uberteknik
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(Original post by billydisco)
Informed on what? If somebody lies about their age, does that count as assault?

It seems stupid- she chose to be blindfolded!
She chose to be blindfolded because she was conned into doing so. The other woman went to great lengths to 'groom' her into what she thought was consensensual sex.
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username878267
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(Original post by billydisco)
Informed on what? If somebody lies about their age, does that count as assault?

It seems stupid- she chose to be blindfolded!
Deceiving someone about your identity to get them to consent to sex is sexual assault/rape under the law. Lying about age doesn't cross the threshold, lying about which gender you are or pretending you are a different person known to the victim, does.

Thus if you pretended to a friends girlfriend that you were her boyfriend and she consented to sex (because it was dark or she was blindfolded) that would be rape.

Likewise this woman consented to having sex with a man, not being penetrated with a strap on by a woman.
The perpetrator was pretending to be s different person to induce consent.
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