Not necessarily because they were ignorant of the law although the conditional consent element, section 76 of the Sexual Offences Act, is untested in open court and little known. He knew and understood that this was the only basis on which she would consent to have sex with him. Nevertheless, any new territory chartered in rape law has an atmospheric impact on general perception. He has not been named, and of course nor has the victim, so currently there are no further details beyond the fact they met on Tinder. The case is a Swiss first, but has no direct bearing on the rest of Europe; rape law differs wildly across the continent. Context is everything, and can be rendered in a ruling but rarely in a summary. The second is the more notorious Assange case, in which similar circumstances were seen as grounds for a rape charge by Swedish prosecutors, although they were not identical the issue being that the alleged victim was deceived because she was asleep, not by sleight of hand.
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