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Assange v Swedish Prosecution Authority [2011]

Facts

  • The defendant, Julian Assange, pending extradition, had sexual intercourse with the victim
  • The victim only consented to sexual intercourse on the condition that Assange used a condom
  • A condom was not used

Issue

  • Was consent vitiated?

Decision

  • Yes, conviction was possible

Reasoning

  • The nature of the act was unaffected by the non-use of a condom, therefore section 76 did not apply
  • Consent was not valid, however, under section 74 SOA 2003
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