- 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
- Was consent vitiated?
- Yes, conviction was possible
- 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