| McNally v R | |
|---|---|
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| Court | Court of Appeal (Criminal Division) |
| Citation(s) | EWCA Crim 1051 (2013) |
| Legislation cited | Sexual Offences Act 2003 |
| Case history | |
| Prior action(s) | R v McNally |
McNally v R [Crim 1051 (2013)], is a 2013 court decision in which the English and Wales Court of Appeals (EWCA) ruled that Scottish student Justine McNally's prior conviction of six counts of sexual assault by penetration[1] would be upheld. McNally's sentence, however, was reduced. The convictions were made under the Sexual Offences Act 2003. Various other cases were explored to maintain the conviction, expanding the previously slim "rape by deception" laws.[2] McNally v R was one of the first cases to display gender fraud or gender deception arguments.[3]
- ^ "McNally v R. [2013] EWCA Crim 1051 (27 June 2013)". British and Irish Legal Information Institute (BAILII). Archived from the original on 21 November 2021. Retrieved 10 March 2022.
- ^ Fischel, Joseph (2019). Screw Consent. Oakland, California: University of California Press. pp. 94–116. ISBN 9780520295414.
- ^ Gittos, Luke (7 June 2016). "Our rape laws discriminate against trans people". Politics.co.uk. Senate Media. Archived from the original on 20 January 2021. Retrieved 10 March 2022.
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