Divisional Court dismisses challenge to DPP’s “Deception as to Sex” guidance

The Divisional Court has dismissed a challenge by Sex Matters to the DPP’s guidance on deception as to sex in sexual offences cases: R (Sex Matters) v Director of Public Prosecutions [2026] EWHC 2449 (Admin).

Sex Matters argued that a deception as to gender identity can never vitiate consent under section 74 of the Sexual Offences Act 2003. The Court disagreed. It held that the law in this area is complex, fact-sensitive and unsettled, and that the guidance accurately reflects it.

Clair Dobbin KC and Ruby Shrimpton appeared for the DPP, instructed by the CPS.

The judgment is available here.

28th September 2026