ABSTRACT
These would cover the broad set of cases where there was force or coercion or threat to a person, their child etc. It could also cover situations where other threats were made – for example losing a job or killing the family pet. It would be for the court to consider in each case what the nature of the threat was and whether the victim would think that she or he would suffer serious harm. These could vary from case to case: the threat of loss of employment might be far more serious in a small community with few other opportunities, for example. The pressures in this section are all negative – there was a distinction between a threat and an inducement, and the distinction that consent was obtained by coercion. Promising rewards for sex did not prevent free agreement being given – it was unlikely to be a coercive situation. We did consider whether the qualification of harm or detriment (as serious) was necessary, and concluded that it was – rape is a very serious crime with very heavy penalty. However, the seriousness of the harm or detriment should relate to the perception of the victim: the decision whether or not to agree was theirs. We have recommended a lesser offence for procuring sex by threat or deception (see para 2.16.1) to deal with other situations where there were more minor threats.
