Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

R v Flattery – 1877

272 words (2 pages) Case Summary

07 Mar 2018 Case Summary Reference this LawTeacher

Jurisdiction / Tag(s): UK Law

Legal Case Summary

R v Flattery (1877) 2 QBD 410

Criminal – Sexual Assault –Consent obtained through fraud – Pretence of Surgical Operation

Facts

The defendant, John Flattery (JF) posed as a medical doctor and surgeon. The complainant, a young woman aged 19, consulted JF with respect to an illness she was suffering, accompanied by her mother. JF advised that surgery was required. Under the pretence of performing surgery, JF had sexual intercourse with the complainant. The crown brought proceedings against JF under Statute 13 Edw. 1, c. 34, charging him with rape.

Issues

The issue was whether submission to sexual intercourse amounted to consent. The complainant had submitted to JF’s advances, but only on the belief that he was treating her for her seizures. Submission did not amount to consent by law where that consent had been obtained by fraud. There was no consent given to JF to have intercourse with the complainant, only to treat her medically.

Decision / Outcome

The complainant submitted to the intercourse on a false pretence and was therefore unlawful. Mellor J. relied on the case of R v Case 19 L. J. (Mag. C.) 174, agreeing with and quoting Wilde, C.J. that,

“she consented to one thing, he did another materially different, on which she had been prevented by his fraud from exercising her judgment and will.” (paragraph 414)

Mellor referred to the Statute 13 Edw. 1, c. 34 which defined rape to be sexual intercourse that had not been “assented [to] before nor after”. Mellor concluded that submission may be considered as consent, but not where consent was only given for some other action or thing and not sexual intercourse. The appeal was dismissed and the conviction stayed.

LawTeacher

LawTeacher

LawTeacher.net is the UK's leading provider of academic legal support, offering both writing services and an extensive collection of law study resources for students in the UK and overseas.

Founded in 2003 by Grey's Inn graduate Barclay Littlewood, the Company was built on a commitment to excellence, with unique guarantees and a high standard of service from day one.

The team includes over 500 UK legally qualified writing experts, with many practising solicitors and barristers, and several former lecturers.

Areas of Legal Expertise

Contract Law Criminal Law Constitutional and Administrative Law EU Law Tort Law Property Law Equity and Trusts Jurisprudence Company Law Commercial Law Family Law Human Rights Law Employment Law Evidence Public International Law Legal Research and Methods Dispute Resolution Business Law and Practice Civil Litigation Criminal Litigation Professional Conduct Taxation Wills and Administration of Estates Solicitors’ Accounts

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles

Prices from

£ 99

Estimated costs for: Undergraduate 2:2 • 1000 words • 7 day delivery

Place an order

Delivered on-time or your money back

Reviews.co.uk Logo (292 Reviews)

Rated 4.2 / 5

Give yourself the academic edge today

Each order includes

  • On-time delivery or your money back
  • A fully qualified writer in your subject
  • In-depth proofreading by our Quality Control Team
  • 100% confidentiality, the work is never re-sold or published
  • Standard 7-day amendment period
  • A paper written to the standard ordered
  • A detailed plagiarism report
  • A comprehensive quality report