R v George – 1956

340 words (1 pages) Case Summary in Cases

07/03/18 Cases Reference this

Disclaimer: This work was produced by one of our professional writers as a learning aid to help you with your studies.

Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of Parallelewelten.net.

If you would like to view samples of the work produced by our academic writers please click here.

R v George [1956] Crim LR 52

Definition of ‘indecent’

Facts

The defendant had a foot fetish, and on two occasions attempted to remove shoes off the feet of young girls without their consent for the purposes of sexual gratification. He was accused of indecent assault contrary to ss.14-15 of the Sexual Offences Act 1956.

Issues

The key issue in this case was whether the defendant’s indecent motive was sufficient to transform an ordinary assault into an indecent one in circumstances where there was nothing inherently indecent about the act (removing a shoe).

Held

The jury acquitted the defendant, concluding that his sexual motives were not sufficient to make his actions indecent. This implies that it the touching is inherently incapable of being reasonably perceived as having sexual or indecent connotations, it does not matter that the defendant’s purposes were in fact sexual or indecent.

It is unclear if this case would be decided the same today. Offences of this nature are now more commonly dealt with using the offence of sexual assault under s.3 of the Sexual Offences Act 2003. S.78 of that Act provides that an action will be sexual if the jury considers that it is either sexual by nature (such as touching genitals), or if ‘because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual’. If the jury concluded that removing a shoe could never be sexual, regardless of motive, then the defendant’s motive would still be insufficient to make the touching sexual and the outcome of George would be the same. However, given greater awareness of fetishes in the modern era, it is likely that a jury would think that even seemingly mundane actions could be sexual.

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

DMCA / Removal Request

If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please.

http://swiss-apo.com

http://www.kapli.kiev.ua

lady fyre torrent

Current Offers