High Court dismisses Sex Matters challenge to CPS deception-as-to-sex guidance

By LexCircuit Desk · Sept. 27, 2026 · AI-drafted, human-reviewed

The Divisional Court on September 25, 2026 dismissed Sex Matters’ judicial review of CPS guidance on deception as to sex in sexual-offence charging. Dame Victoria Sharp P and Mrs Justice Heather Williams held deception as to gender identity is not incapable of vitiating consent under section 74 of the Sexual Offences Act 2003, and that the draft guidance did not misstate the law, while criticising a trans/non-binary experiences passage as surprising in charging guidance.

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