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R v Elbekkay [1995]

Facts

  • The defendant, the victim and the victim’s boyfriend came home after drinking one evening
  • The defendant joined the victim in bed and proceeded to have sexual intercourse with the victim
  • The victim soon realised that the defendant had impersonated her boyfriend, who was still downstairs

Issue

  • Did the impersonation vitiate consent?

Decision

  • Yes

Reasoning

  • The rule as to husband impersonation applied equally to the impersonation of boyfriends
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