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What is ‘Consent’ in Sexual Assault Cases?
Section 61HE of the Crimes Act 1900 contains the definition of ‘consent’ in sexual assault cases.
Subsection 61HE(1) makes clear that the definition applies to:
Subsection 61HE(2) states that:
“a person consents to sexual activity if the person freely and voluntarily agrees to” it
Subsection 61HE(3) states that consent does not exist where:
Subsection 61HE(4) states that, when determining whether consent exists, the court must look at all relevant circumstances including any steps you took to ascertain whether consent existed, but it cannot consider your self-induced intoxication.
Subsection 61HE(5) makes clear that consent does not exist where the complainant:
Subsection 61HE(6) states that the complainant does not consent where you fraudulently induced him or her into the act, or he or she was under a mistaken belief:
Subsection 61HE(8) states that the grounds upon which it may be established that the complainant did not consent include that he or she:
The complainant’s failure to provide physical resistance is not, by itself, to be regarded as consent.
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