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    Jason and Lana have been married for 15 years, and have three children together. Lana met Jason in university and has only ever been sexually active with him. However, unbeknownst to her, Jason leads a double life: every Saturday, when he goes off under the pretence of playing golf with his workmates, he attends a sadomasochistic club where he engages in acts of violent sexuality as a way of relieving stress from his high-pressure job.
    After one such ‘golf trip’ skin lesions begin to develop around his mouth and face, and he contracts a fever and sore throat. Concerned, he goes to see his doctor, who informs him that he tests positive for syphilis, requiring a course of treatment over several weeks. Lana is horrified by this news and, when the truth about his ‘golf trips’ comes out, considers leaving him. However, she eventually relents in order to preserve the harmony of the marital home for their children. However, she refuses to sleep with Jason whenever he approaches her about it.
    A few weeks pass, during which Jason’s syphilis symptoms subside as he takes his medication for the disease. One night, Jason tries to encourage Lana to have sex with her for the first time since the revelations about his sadomasochistic activities. To ‘set the mood’ he makes a romantic dinner for her and plies her with red wine until they are both quite drunk. When he raises the possibility of sleeping together, she refuses at first, but agrees on two conditions: firstly, that he promises that it is safe for them to engage in sexual intercourse without her becoming infected; and secondly, that he will never again be unfaithful.
    Jason was badly shaken that his unfaithfulness led to his syphilis infection, and genuinely intends to remain faithful to his wife from now on. Moreover, even though he has two more weeks’ worth of medication remaining, he believes that his doctor is merely being overly cautious about his syphilis, since he is showing no symptoms. Reasoning that he is probably no longer a risk of infection, he therefore agrees to both of Lana’s conditions. Lana then engages in sexual intercourse with him.
    1. a) *Discuss Jason’s criminal liability on these facts if Lana subsequently exhibits symptoms of syphilis.
    2. b) *Discuss Jason’s criminal liability on these facts if, three weeks after having sexual intercourse with Lana, he returns to the sadomasochistic club in a moment of weakness and engages in more sexual activity.
    3. c) *Critically comment on the common law doctrine of ‘conditional’ consent in non- fatal and sexual offences on the basis of your answers to parts (a) and (b).
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    Any points you think are applicable, please do let me know
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    Will Jason be liable for rape IF she catches the disease
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    You can easily Google the conditional consent cases, if you are unwilling to look over your lecture slides. It would not be fair to answer the question specifically.
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    I do not want a specific answer, just points which I may have missed I did not want to post my answer therefore I just posted the question. Thank u for your input
 
 
 
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