Rape in English law
Rape is a statutory offence in England and Wales. The offence is created by section 1 of the Sexual Offences Act 2003: This definition notably has a narrower definition with other kinds of rape being covered by offences with other names. For example, if a victim is forcefully penetrated with an object other than a penis, this is classed as "Assault by Penetration" (section 2), and if the victim is made to penetrate another, the act can be prosecuted as "Causing a person to engage in sexual activity without consent" (section 4). "Intentionally", s.1(1)(a) See Intention (criminal law) Penetration, s.1(1)(a) & (b) See section 79(2). Meaning of expressions relating to parts of the body See sections 79(3) and (9) Consent, s.1(1)(b) & (c) & (2) This expression is defined by section 74. The evidential and conclusive presumptions created by sections 75 and 76 apply to this offence (s.1(3)). They must be read with section 77. "Rape by deception" (or "by fraud") The term "rape by deception" covers cases where sexual activity was procured by deceit, and the question of when deceit is substantial enough to mitigate consent. In English law, the basis for such claims is "very narrow", as ruled by the Court of Appeal in R v Linekar [1995] 3 All ER 69 73. Cases demonstrating the law on consent as set out in the 2003 Sexual Offences Act include R v Assange (aka Assange v Swedish Prosecution Authority) (if consent was conditional on the use of the condom during intercourse, and the condition was deliberately disregarded, that was capable of amounting to rape), R(F) v DPP (the sexual act was performed in a way that broke a condition agreed previously), and R v McNally (deceit as to gender). The Sexual Offences Act 1956 contained a ground of "procuring intercourse by false pretences". A paper on website The Student Lawyer examined the basis for fraud as grounds for negating consent. It concluded that the issues which might arise if this was a legal basis to negate consent, could be far wider than might be first appreciated. Examples given by the author included sex in the following circumstances: "Andrew is secretly having an affair but denies this to his wife... Barney exaggerates his financial success and pretends to like the same music and films as his date in order to impress her... Charlie dyes his hair and pretends to be in his mid-30s on a dating website when he is really in his 50s... Derek is unhappy in his marriage and is considering whether to leave his wife; he does not mention his misgivings..." In these examples, the sexual partner in each case would not have consented had all matters likely to be relevant to their decision been fully disclosed, and a reasonable person might be expected to realise this. A high profile and unusual case where this issue arose, was the 2011 UK undercover policing relationships scandal in which police officers obtained sex by deceiving as to their identity,