4. What if consent is obtained by fraud or deception?

4. What if consent is obtained by fraud or deception?

If the victim was deceived about the nature of the act and/or as to the nature of the person doing the act, the consent is not a true consent to the activity.

An example would be where the defendant leads the victim to believe he will be demonstrating a first aid technique but in reality, a sexual assault is intended and takes place. The misrepresentation about the nature of the intended activity means that the victim does not give a true and informed consent to the activity which occurs. There is an indecent assault. Similarly, it would be an indecent assault if a person falsely claims to be a doctor and is allowed to carry out an intimate examination which would not have been allowed had the victim known the true situation.