Should a Lie about Fertility Vitiate Consent to Sex?

Abstract

The Sexual Offences Act 2003 fails to provide adequate protection for those induced into sexual activity by deception, leaving the principle of sexual autonomy insufficiently safeguarded. This article argues that legislative reform is necessary to protect future victims. Drawing principally on R v Lawrance and analogous cases, this article examines the factors courts have held to vitiate consent to sex, and demonstrates how their application in Lawrance exposes significant flaws in the current framework. The Act and proposed legislative reforms are critically analysed, with the conclusion that any adequate reform must be tested against, and capable of addressing, the facts of Lawrance.