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R v Linekar

[1995] Crim LR 320

Case summary last updated at 14/01/2020 19:46 by the Oxbridge Notes in-house law team.

Judgement for the case R v Linekar

A man offered to pay a prostitute £25 for sex, but after intercourse didn’t pay her. She said that her consent was dependent on payment and had therefore been raped. CA said it is the absence of consent to physical sexual intercourse that is the essential ingredient to rape. Fraud is only relevant where V has no idea that sex is occurring. Hence Flattery, where there is no consent to intercourse (she thinks it is a surgical operation), is different to this case where there IS consent to sexual intercourse, albeit a consent obtained fraudulently. 

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