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Director of Public Prosecutions v. Morgan

House of Lords

[1975] 2 All E.R. 347

Relevant factsFree

Morgan (defendant) told three fellow servicemen his wife might resist as a way of "faking" consent, and the men held her down and had intercourse with her despite her screaming and pleading for help; convicted of aiding and abetting rape, the men argued on appeal they honestly (if mistakenly) believed she had consented, and the court of appeal affirmed their convictions before the House of Lords granted review.

IssueFree

Whether, in England, a defendant's reasonable and honest, though mistaken belief that a victim consented to sexual intercourse is a defense to a charge of rape.

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