Rape, consent and a lie about fertility: R v Lawrance [2020] EWCA Crim 971

Krebs, B. (2020) Rape, consent and a lie about fertility: R v Lawrance [2020] EWCA Crim 971. Journal of Criminal Law, 84 (6). pp. 622-625. ISSN 0022-0183 doi: 10.1177/0022018320976662

Abstract/Summary

This is a case comment on R v Lawrance [2020] EWCA Crim 971 which held that a lie about fertility was not sufficiently closely connected to the performance of sexual intercourse so as to be able to negate consent under s. 74 of the Sexual Offences Act 2003. The case note argues that Lawrance demonstrates that the circumstances in which consent is vitiated can still turn on subtleties that are difficult to justify, such as whether a chosen method of contraception would prevent ejaculate from entering the body or just sperm.