DPP v Morgan [1975] 61 Cr App R 136
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:03:07 UTC
A man invited several men back to his house to have sex with his wife, telling them that she was “kinky” and would resist but did actually want to have sex. The men, genuinely believing her to consent did so.
The HL ruled that a belief that consent existed, even if based on unreasonable grounds, meant there could be no rape and the men were acquitted.
The men were acquitted by a majority of 3-2 and there was a lot of dispute around what the common law solutions were elsewhere, since there was no English authority.
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