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R v Flattery

[1877] 2 QBD 410

Case summary last updated at 14/01/2020 19:31 by the Oxbridge Notes in-house law team.

Judgement for the case R v Flattery

A girl submitted to D for an operation and did not resist when he penetrated her, thinking that he was merely enacting the operation. The QBD ruled that consent had to be to a specific act, so that though she consented to the operation, she did not consent to the sexual intercourse, so the D was guilty of rape. 

R v Flattery crops up in following areas of law