R v McNally [2013] EWCA Crim 1051

1. The Court of Appeal rejected McNally's appeal against conviction, holding that her victim (M) did not consent to the sexual conduct that took place. Explain why M's apparent consent in this case was not held by the court to be legally valid.

2. Do you agree with the outcome in McNally? How should the criminal law distinguish between deception that undermines apparent consent from deception that does not?

Hi there, I understand the first question well, however, I do not understand question 2. My university recommends we look at the official judgement made by the courts on this case and focus on what the ratio decendi in the case is. Please help.

Thank you.