Obtaining consent to sex by deception

How much is this a crime in England?

Say someone said they were X and they turned out to be Y and had reason to anticipate that the Shagee would decline Y.

Crime or just bad patter?

Faaaod I am genuinely asking for a friend. In Scotland it can be a crime (see eg the fake penis person who just happened to have terrible self esteem and need all the lights off)

there is that undercover police thing going on.

 

I mean, what's the point of being an undercover secret agent if you can't shag around. that's basically the rules.

 

What about a man saying “I love you” prior to sleeping with someone but later saying “I actually never have loved you, I had said that just to sleep with you”. 

Has he comitted a crime? Up until now, I don’t think this behavior was seen as criminal, but I wonder if attitudes will change in this MeToo era. 

I think we are generally heading towards sex being a taboo and something that shouldn’t be practiced other than in the framework of marriage or other long term arrangement. Which isn’t necessarily a bad thing, on reflection. 

Good analyses have been done on this, I am clicking around trying to find one from a Sweet and Maxwell / Justis conference about four years ago and can't immediately find it but it exists, there is a better level of guidance on this than hilarious wit from Rof. Ok will post again if I find it.

Kind of more the opposite, clubbers. Say you were in a line of work where you didn't want to be unwittingly compromised and the person pretended to be more boring than they were. Not a spy level of unboring just someone your think twice about.

What like A is a copper (or even a lawyer or accountant) and sleeps with B who claims to be equally dull but is actually a drug dealer or from the finance team of patisserie Valerie or something?

Say everybody have you seen my balls?
They're big and salty and brown
If you ever need a quick pick me up
Just stick my balls in your mouth

[Chorus]
Oooh, suck on my chocolate salty balls
Stick 'em in your mouth, and suck 'em!
Suck on my chocolate salty balls
They're packed full of vitamins and good for you
So suck on my balls

 

Ok. Here is an incomplete answer, of the law as at 2013.

Assange v Swedish Prosecution Authority 2011, and R(F) v DPP 2011 look like authority that continuing acts that are consensual up to and including penetration do not cease to be consensual thereafter. Hrmm.

R v McNally, 2013 about the defendant who was a girl not a boy, held that the deception as to gender vitiated consent but anticipated the obvious follow-on question for pub lawyers:  'in reality some deceptions (such as, for example, in relation to wealth) will obviously not be sufficient to vitiate consent."

Voila.

It seems to me that women are more likely to be the victims of such deception, given that men can lie about their money and status more easily than women can lie about their physical attractiveness.

Wasn't there a crim law case where the defendant entered the victim's house via the window and she invited him into her bed believing him to be her boyfriend and started having sex with him, only to realise halfway through the act that it was actually a random would-be burglar?

" more easily than women can lie about their physical attractiveness."

wtf - makeup and spanx and padded bras can give a VERY different impression to the reality. 

There is a big bit in that godawful film about radio caroline where someone tries to get his girlfriend to sleep with someone else by pretending to be him. The girlfriend is Gemma arteton iirc. Struck me a dodgy at the time. It would be refilmed now. 

Hmmmm, tricky.

On the one hand definitely a touch borderline on the whole ethical side of things, but on the other - Gemma frickin’ Arterton dude.

You can see the dilemma here I’m sure.

It's a bit weird for a thread about rape to take this direction tbh

Anyway according to the CPS website it can negate consent but I'm not sure if the CPS would be inclined to reflect the middle ground or a more behaviour budget DON'T DO CRIME LADS angle.