Under s 61HE(8)(a) of the Crimes Act 1900 (NSW) (as it stood from 1 December 2018 to 31 May 2022), substantial intoxication does not of itself negate consent; it is a factor to be taken into account in assessing whether the complainant freely and voluntarily agreed to the sexual activity, and no causal connection between intoxication and the words or actions indicating consent need be established.
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