Facts
- The defendant, born a female, pretended to be a boy and became sexually acquainted with ‘his’ girlfriend
- This gender deception was later discovered
Issue
- Was consent to sexual acts carried out by the defendant vitiated by the gender deception?
Decision
- Yes
Reasoning
- Section 76 was not invoked, but gender deception did vitiate consent on the facts
- Appeal as to legal advice dismissed, but lesser and suspended sentence substituted
