R v McNally [2013]

1. Facts:

• Scenario: D, who was female, deceived V into believing they were a male named ‘Scott’ during an online relationship. V would not have consented had she known D's true gender.

• Key Issue: Whether the deception regarding gender impacts the validity of consent under s.74 of the Sexual Offences Act.

2. Outcome:

• Decision: D was convicted. The court held that V’s ability to make an informed choice was compromised by the deception about D’s true gender.

3. Impact and Analysis:

• Freedom to Choose: The case reinforces that deception affecting the ability to make an informed choice impacts the validity of consent under s.74.