A legal analysis of fraud vitiating consent in sexual assault cases

According to Stephen J. in R v Clarence, it is incorrect if the proposition 'fraud vitiates consent' is to be taken in its general understanding and applied without any limitation. He also said that many seductions would be considered as rapes, and so might acts of prostitution produced by...

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Main Author: Mohamad Yunus, Mohamad Ismail
Format: Article
Language:English
Published: Bar Council 2003
Subjects:
Online Access:http://irep.iium.edu.my/8274/
http://irep.iium.edu.my/8274/3/A_legal_analysis_of_fraud_vitiating_consent_in_sexual_assul_cases.pdf
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author Mohamad Yunus, Mohamad Ismail
author_facet Mohamad Yunus, Mohamad Ismail
author_sort Mohamad Yunus, Mohamad Ismail
building IIUM Repository
collection Online Access
description According to Stephen J. in R v Clarence, it is incorrect if the proposition 'fraud vitiates consent' is to be taken in its general understanding and applied without any limitation. He also said that many seductions would be considered as rapes, and so might acts of prostitution produced by fraud. This illustration appears to show clearly that the maxim 'fraud vitiates consent' is too general to be applied in the above situation even though it is absolutely true. Thus, to what extent does 'fraud vitiates consent' apply to sexual intercourse?
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spelling iium-82742013-02-21T23:11:53Z http://irep.iium.edu.my/8274/ A legal analysis of fraud vitiating consent in sexual assault cases Mohamad Yunus, Mohamad Ismail K Law (General) KPG Malaysia According to Stephen J. in R v Clarence, it is incorrect if the proposition 'fraud vitiates consent' is to be taken in its general understanding and applied without any limitation. He also said that many seductions would be considered as rapes, and so might acts of prostitution produced by fraud. This illustration appears to show clearly that the maxim 'fraud vitiates consent' is too general to be applied in the above situation even though it is absolutely true. Thus, to what extent does 'fraud vitiates consent' apply to sexual intercourse? Bar Council 2003 Article PeerReviewed application/pdf en http://irep.iium.edu.my/8274/3/A_legal_analysis_of_fraud_vitiating_consent_in_sexual_assul_cases.pdf Mohamad Yunus, Mohamad Ismail (2003) A legal analysis of fraud vitiating consent in sexual assault cases. Insaf: The Journal of the Malaysian Bar, XXXII (3). pp. 1-6. ISSN 0126-8538 http://www.malaysianbar.org.my/index.php?option=com_docman&task=doc_details&gid=115&Itemid=332
spellingShingle K Law (General)
KPG Malaysia
Mohamad Yunus, Mohamad Ismail
A legal analysis of fraud vitiating consent in sexual assault cases
title A legal analysis of fraud vitiating consent in sexual assault cases
title_full A legal analysis of fraud vitiating consent in sexual assault cases
title_fullStr A legal analysis of fraud vitiating consent in sexual assault cases
title_full_unstemmed A legal analysis of fraud vitiating consent in sexual assault cases
title_short A legal analysis of fraud vitiating consent in sexual assault cases
title_sort legal analysis of fraud vitiating consent in sexual assault cases
topic K Law (General)
KPG Malaysia
url http://irep.iium.edu.my/8274/
http://irep.iium.edu.my/8274/
http://irep.iium.edu.my/8274/3/A_legal_analysis_of_fraud_vitiating_consent_in_sexual_assul_cases.pdf