A legal analysis of fraud vitiating consent in sexual assault cases
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...
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iium-82742013-02-21T23:11:53Z http://irep.iium.edu.my/8274/ A legal analysis of fraud vitiating consent in sexual assault cases Mohamad Yunus, Mohamad Ismail K Law (General) KPG Malaysia 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? Bar Council 2003 Article PeerReviewed application/pdf en http://irep.iium.edu.my/8274/3/A_legal_analysis_of_fraud_vitiating_consent_in_sexual_assul_cases.pdf 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 http://www.malaysianbar.org.my/index.php?option=com_docman&task=doc_details&gid=115&Itemid=332 |
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English |
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K Law (General) KPG Malaysia |
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K Law (General) KPG Malaysia Mohamad Yunus, Mohamad Ismail A legal analysis of fraud vitiating consent in sexual assault cases |
description |
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? |
format |
Article |
author |
Mohamad Yunus, Mohamad Ismail |
author_facet |
Mohamad Yunus, Mohamad Ismail |
author_sort |
Mohamad Yunus, Mohamad Ismail |
title |
A legal analysis of fraud vitiating consent in sexual assault cases |
title_short |
A legal analysis of fraud vitiating consent in sexual assault cases |
title_full |
A legal analysis of fraud vitiating consent in sexual assault cases |
title_fullStr |
A legal analysis of fraud vitiating consent in sexual assault cases |
title_full_unstemmed |
A legal analysis of fraud vitiating consent in sexual assault cases |
title_sort |
legal analysis of fraud vitiating consent in sexual assault cases |
publisher |
Bar Council |
publishDate |
2003 |
url |
http://irep.iium.edu.my/8274/ http://irep.iium.edu.my/8274/ http://irep.iium.edu.my/8274/3/A_legal_analysis_of_fraud_vitiating_consent_in_sexual_assul_cases.pdf |
first_indexed |
2023-09-18T20:17:56Z |
last_indexed |
2023-09-18T20:17:56Z |
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1777407913433759744 |