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Definition of Consent in Intimate Image Offences

Definition of consent in intimate image offences Section 91O of the Crimes Act 1900 sets out the meaning of consent in intimate image offences.

Which are offences under:

  1. Section 91P – Recording an intimate image without consent
  2. Section 91Q – Distributing an intimate image without consent, and
  3. Section 91R – Threatening to record or distribute an intimate image.

The section states that a person consents to the conduct if he or she ‘freely and voluntarily agrees’ to it.

It makes clear that a person who consents to such conduct on a particular occasion does not, by reason of that fact only, agree to similar conduct on another occasion.

It further states that a person does not consent if he or she:

  1. Is under the age of 16 years
  2. Does not have the cognitive capacity to consent
  3. Is unconscious or asleep
  4. Consents due to threats of force or terror, or
  5. Is unlawfully detained.

The section also provides that other grounds may be considered when deciding whether or not a person consented.

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