Rape: Consent
| Published date | 01 February 2008 |
| Date | 01 February 2008 |
| DOI | 10.1350/jcla.2008.72.1.469 |
| Author | Ben Fitzpatrick |
| Subject Matter | Court of Appeal |
Court of Appeal
Rape: Consent
R v Jheeta (Harvinder Singh) [2007] EWCA Crim 1699
The appellant was convicted on two counts of procuring sexual inter-
course by false pretences under s. 3(1) of the Sexual Offences Act 1956.
The counts related to behaviour which had taken place between Sep-
tember 2002 and August 2003, and between September 2003 and 30
April 2004. The appellant was also convicted on four counts of rape
contrary to s. 1 of the Sexual Offences Act 2003, in relation to behaviour
which took place after the coming into force of that Act on 1 May
2004.
The conduct alleged in respect of each of the six counts was in essence
the same. The appellant and the complainant were very good friends
who had entered into a consensual sexual relationship. The complain-
ant started to receive threatening text messages and telephone calls. The
appellant assured the complainant that she would be protected by him
and his friends. When the complainant decided to inform the police, the
appellant purported to do this on her behalf. The complainant subse-
quently received text messages from a series of sources representing
themselves as police officers who were working on her case.
The complainant attempted to break off her relationship with the
appellant, but whenever she tried, she received messages from the
police officers, claiming that the appellant had tried to commit suicide,
and stating that she should stay with him. Messages advised her to have
sexual intercourse with the appellant, and that she would be liable to a
fine if she did not do so. When she received these messages, she
complied with the advice, and had intercourse with the appellant. These
instances of intercourse formed the basis for the six counts. She received
around 50 such messages in four years.
The appellant had been responsible for the entire scheme, and had
generated the text messages himself. He was arrested following the
sending of letters to the complainant’s home, which were read by her
mother. At that stage, the complainant went to the police.
The appellant pleaded guilty at trial and appealed against the convic-
tions for rape.
Section 1 of the Sexual Offences Act 2003 states:
(1) A person (A) commits an offence if—
(a) he intentionally penetrates the vagina, anus or mouth of another
person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.
Section 1(3) states that ss 75 and 76 apply. Section 75 sets out a number
of evidential presumptions regarding consent which arise in specified
circumstances, none of which were applicable to this case. Section 76
11The Journal of Criminal Law (2008) 72 JCL 11–22
doi:1350/jcla.2008.72.1.469
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