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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.