s 80C
In forceDirections about implied consent
Chapter 4Sexual, violent and family violence offence proceedings
Part 4.4Special requirements—sexual offence and family violence offence proceedings
Division 4.4.3Sexual and family violence offence proceedings—protection of counselling communications
80C Directions about implied consent
In a sexual offence proceeding, the judge must, in a relevant case, direct the jury that a person is not to be regarded as having consented to a sexual act just because––
(a)
the person did not say or do anything to indicate that the person did not consent; or
(b)
the person did not protest or physically resist; or
(c)
the person did not sustain a physical injury; or
(d)
on that or an earlier occasion, the person had consented to engage in a sexual act (whether or not of the same kind) with the accused person or someone else.
Part 4.5 Special requirements—family violence offence proceedings
Division 4.5.1 Preliminary—pt 4.5
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