Is there any evidence that there was a plan or scheme to lure the complainant to an isolated location to have sexual intercourse with her against her will?
Newfoundland and Labrador, Canada
The following excerpt is from R. v. Allen, 2002 NFCA 2 (CanLII):
In Dunlop and Sylvester v. the Queen, 1979 CanLII 20 (SCC), [1979] 2 S.C.R. 881, the appellants had been charged with rape having been identified by the complainant as two of some eighteen men who had sexual intercourse with her against her will at an isolated location. Each of the appellants gave evidence and denied having had sexual intercourse with the complainant or in any way assisting anyone else to have intercourse with her. There was no evidence that the appellants had formed a common intention with the others involved in the “gang rape” to have sexual intercourse with the complainant nor was there any evidence that the appellants participated in a plan or scheme to lure the complainant to the area.
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