Jamieson v HMA

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Scots law This article is part of the series: Courts of Scotland

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Jamieson v HMA was a Scottish criminal case decided by the High Court of Justiciary on appeal, which held that a man does not commit rape where he honestly, albeit unreasonably, believes his victim is consenting.

This is also the position in English law, although in Scots law the crime is specifically reserved to a man having sex with a woman without her consent, whereas English law recognises male rape.

The case is reported at 1994 SLT 537.