• In the case of Flattery 1877 2 QBD 410, it was held that consent to sexual intercourse must be a specific act even if through submission.

Facts of the Case

  • D pretended to be a doctor.
  • V had learning difficulties and suffered from fits.
  • V went to D  with her mother for an operation.
  • D had sex with V, under the concealment of the ‘operation’.

Issues in R v Flattery 1877 2 QBD 410

  • Was D guilty of rape?

Held by Crown Cases Reserved

  • D to be convicted of rape

Denman J

  • Here, it was held there had been no consent.
  • Consent had to be a specific act, though V consented to the operation she did not consent to the sexual intercourse.
  • “I can see nothing in the case amounting to consent, either in fact or in law, to the act of carnal connection. I think the definition or rape in the statute cited may be accepted, subject to one qualification. There may be cases where a woman does not consent in fact, but in which her conduct is such that the man reasonably believes she does. I agree in wishing that the point decided in Reg. v. Barrow  should be reconsidered.”

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