posted on Feb, 8 2015 @ 11:39 AM
"consent" means a consent freely and voluntarily given and, without in any way affecting the meaning attributrable to those words, a consent is
not freely and voluntarily givenb it it is obtained by force, threat, intimidation, decit, or any fraudulent means;
That is copied out of my law book
Criminal Codes, Commentary and Materials (6th edition) and is a valid law textbook for studying law in
Queensland and Western Australia.
Now there are a number of cases that refine this further. In
Michael v Western Australia (2008) 183 A Crim R 348 [2008] the guy was guilty
because he showed a police badge to get freebies from two prostitutes...
Without going into detail, I remember learning of another case were the deception was a fake marriage ceremony.
EDIT:
Papadimitriopolous v The Queen (1958) 98 CLR 249 (High Court of Australia)... so basically its binding in ALL states and territories of
the Commonwealth.
As far as the law is concerned its rape. I have no issue with the conviction.
edit on 8-2-2015 by RifRAAF because: (no reason given)