A legal analysis of fraud vitiating consent in sexual assault cases

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

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Abstract

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?

Item Type:	Article (Journal)
Additional Information:	1688/8274
Uncontrolled Keywords:	fraud, sexual cases
Subjects:	K Law > K Law (General) K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	Nur Aqilah Norudin (PT)
Date Deposited:	16 Dec 2011 10:39
Last Modified:	22 Feb 2013 07:11
URI:	http://irep.iium.edu.my/id/eprint/8274

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