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| Jason Lawrance appeal: Lying about fertility is not rape, say judges | Jason Lawrance appeal: Lying about fertility is not rape, say judges |
| (about 2 hours later) | |
| Men who lie to sexual partners about being infertile should not be found guilty of rape, judges have ruled. | Men who lie to sexual partners about being infertile should not be found guilty of rape, judges have ruled. |
| The issue was considered because of an appeal by 55-year-old Jason Lawrance. | The issue was considered because of an appeal by 55-year-old Jason Lawrance. |
| Last July he was found guilty of raping a woman twice - despite her consenting to sex - because he had lied about having had a vasectomy. | Last July he was found guilty of raping a woman twice - despite her consenting to sex - because he had lied about having had a vasectomy. |
| However, Court of Appeal judges said these convictions were unsafe and have quashed them. Lawrance has other rape convictions and remains in prison. | However, Court of Appeal judges said these convictions were unsafe and have quashed them. Lawrance has other rape convictions and remains in prison. |
| The woman deceived by him took emergency contraception but became pregnant, then had an abortion. | |
| Despite this, the judges said Lawrance's "lie about his fertility was not capable in law of negating consent". | Despite this, the judges said Lawrance's "lie about his fertility was not capable in law of negating consent". |
| Lawrance is serving life sentences for his other rapes and his legal team did not appeal against any of his other convictions. | Lawrance is serving life sentences for his other rapes and his legal team did not appeal against any of his other convictions. |
| His solicitor, Shaun Draycott, said: "We are delighted by this judgment. There was real concern that the upholding of the convictions recorded at Nottingham Crown Court [last July] would have had the potential to criminalise large sections of an otherwise law-abiding population, both male and female. | His solicitor, Shaun Draycott, said: "We are delighted by this judgment. There was real concern that the upholding of the convictions recorded at Nottingham Crown Court [last July] would have had the potential to criminalise large sections of an otherwise law-abiding population, both male and female. |
| "The ruling provides clarity on the important issue of whether one person's consent to a sexual act can be negated by another person's dishonesty." | "The ruling provides clarity on the important issue of whether one person's consent to a sexual act can be negated by another person's dishonesty." |
| Who is Jason Lawrance? | Who is Jason Lawrance? |
| He was given a life sentence in 2016 for raping five women, attempting to rape one woman, and sexually assaulting another. | He was given a life sentence in 2016 for raping five women, attempting to rape one woman, and sexually assaulting another. |
| The assaults took place between June 2011 and November 2014 in Derbyshire, Leicestershire, Lincolnshire, Northamptonshire and Cambridgeshire. | The assaults took place between June 2011 and November 2014 in Derbyshire, Leicestershire, Lincolnshire, Northamptonshire and Cambridgeshire. |
| He met the women through online dating site Match.com - which was also how he met his wife - and Dating Direct. | He met the women through online dating site Match.com - which was also how he met his wife - and Dating Direct. |
| Lawrance, originally from Leicestershire, went on trial again last July accused of raping and sexually assaulting six more women. One of these was the woman he deceived about having had a vasectomy. | Lawrance, originally from Leicestershire, went on trial again last July accused of raping and sexually assaulting six more women. One of these was the woman he deceived about having had a vasectomy. |
| He was convicted of five charges of rape, one charge of sexual assault and a further charge of assault by penetration. He was found not guilty of two charges of rape. | He was convicted of five charges of rape, one charge of sexual assault and a further charge of assault by penetration. He was found not guilty of two charges of rape. |
| How did Lawrance lie about his fertility? | How did Lawrance lie about his fertility? |
| Lawrance and the woman were texting each other before they met and he told her he had undergone "the snip" in a discussion about contraception. | Lawrance and the woman were texting each other before they met and he told her he had undergone "the snip" in a discussion about contraception. |
| Giving evidence in a trial last year, the woman said Lawrance also made the same claim verbally before they slept together. | Giving evidence in a trial last year, the woman said Lawrance also made the same claim verbally before they slept together. |
| They had sex twice and Lawrance left in the middle of the night. He later texted her saying: "I have a confession. I'm still fertile. Sorry xxx" | They had sex twice and Lawrance left in the middle of the night. He later texted her saying: "I have a confession. I'm still fertile. Sorry xxx" |
| Clive Stockwell QC, prosecuting, asked the woman: "Would you have had sexual intercourse with him if he had not had a vasectomy?" | Clive Stockwell QC, prosecuting, asked the woman: "Would you have had sexual intercourse with him if he had not had a vasectomy?" |
| The woman replied: "Absolutely not; unless he had other protection." | The woman replied: "Absolutely not; unless he had other protection." |
| She also told the court: "I was absolutely gobsmacked that anybody could do such a thing." | She also told the court: "I was absolutely gobsmacked that anybody could do such a thing." |
| Lawrance's text messages were used as evidence he had deceived the woman, and that he knew the woman would not have consented to sex without contraception. | Lawrance's text messages were used as evidence he had deceived the woman, and that he knew the woman would not have consented to sex without contraception. |
| Why was he prosecuted for the deceit? | Why was he prosecuted for the deceit? |
| The Sexual Offences Act 2003 says a person commits rape if the other person "does not consent to the penetration" or they "do not reasonably believe" the person consents. | The Sexual Offences Act 2003 says a person commits rape if the other person "does not consent to the penetration" or they "do not reasonably believe" the person consents. |
| Section 74 of the Act specifies that a person consents if he or she "agrees by choice, and has the freedom and capacity to make that choice". | Section 74 of the Act specifies that a person consents if he or she "agrees by choice, and has the freedom and capacity to make that choice". |
| The prosecution's case was that the woman's consent was vitiated by Lawrance's deception. | The prosecution's case was that the woman's consent was vitiated by Lawrance's deception. |
| Clive Stockwell QC, prosecuting Lawrance, told jurors that because he deceived the woman, this had "robbed her of her freedom of choice". | Clive Stockwell QC, prosecuting Lawrance, told jurors that because he deceived the woman, this had "robbed her of her freedom of choice". |
| "Her consent was obtained by a deception," he said in his opening. "That, we submit, is not true consent." | "Her consent was obtained by a deception," he said in his opening. "That, we submit, is not true consent." |
| Lawrance was charged with two counts of rape because he had sex with the woman twice. | Lawrance was charged with two counts of rape because he had sex with the woman twice. |
| Defence barrister David Emanuel QC said classing the deceit as rape was "taking it too far". | Defence barrister David Emanuel QC said classing the deceit as rape was "taking it too far". |
| However, the jury decided it was rape and found Lawrance guilty of those two charges. | However, the jury decided it was rape and found Lawrance guilty of those two charges. |
| What did the Court of Appeal judges say? | What did the Court of Appeal judges say? |
| The appeal was heard by the Lord Chief Justice for England and Wales, Lord Burnett of Maldon, sitting with Mrs Justice Cutts and Mrs Justice Tipples. | The appeal was heard by the Lord Chief Justice for England and Wales, Lord Burnett of Maldon, sitting with Mrs Justice Cutts and Mrs Justice Tipples. |
| Their judgment said: "In terms of section 74 of the 2003 Act, the complainant [the woman] was not deprived by the appellant's [Lawrance's] lie of the freedom to choose whether to have the sexual intercourse which occurred." | Their judgment said: "In terms of section 74 of the 2003 Act, the complainant [the woman] was not deprived by the appellant's [Lawrance's] lie of the freedom to choose whether to have the sexual intercourse which occurred." |
| The judges looked at similar cases involving deception, including Julian Assange's extradition case, where a judgment said sex without a condom would be a sexual offence in the UK if the other partner had only agreed on the condition a condom was used. | The judges looked at similar cases involving deception, including Julian Assange's extradition case, where a judgment said sex without a condom would be a sexual offence in the UK if the other partner had only agreed on the condition a condom was used. |
| They also considered a case known as R(F), which involved a woman who consented to sex with her husband on the condition he withdrew before ejaculating. | They also considered a case known as R(F), which involved a woman who consented to sex with her husband on the condition he withdrew before ejaculating. |
| However, the Court of Appeal judges said Lawrance's case was different from these cases. | However, the Court of Appeal judges said Lawrance's case was different from these cases. |
| The judgment said: "Unlike the woman in Assange, or in R(F), the complainant agreed to sexual intercourse with the appellant without imposing any physical restrictions. | The judgment said: "Unlike the woman in Assange, or in R(F), the complainant agreed to sexual intercourse with the appellant without imposing any physical restrictions. |
| "She agreed both to penetration of her vagina and to ejaculation without the protection of a condom." | "She agreed both to penetration of her vagina and to ejaculation without the protection of a condom." |
| The woman was, instead, "deceived about the nature or quality of the ejaculate", the judges said. | The woman was, instead, "deceived about the nature or quality of the ejaculate", the judges said. |
| "The deception was one which related not to the physical performance of the sexual act but to risks or consequences associated with it." | "The deception was one which related not to the physical performance of the sexual act but to risks or consequences associated with it." |
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