Where an accused in a sexual offence trial denies any sexual contact occurred, the s 24 Criminal Code (Qld) defence of honest and reasonable mistake as to consent will not ordinarily be raised on the complainant's evidence alone, even where the complainant complied with sexual demands out of fear. The accused's sworn denial of the acts effectively disables the accused from supporting the defence, and fairly cogent evidence from other sources would be required. A complainant's compliance motivated by fear and intimidation, following an express refusal, does not constitute evidence from which an honest and reasonable belief in consent can be inferred.
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