34AF
In forceSexual activity and consent defence to offence of non-fatal strangulation
Part IOffences
Division 1Offences against the person
34AF Sexual activity and consent defence to offence of non-fatal strangulation
S. 34AF inserted by No. 37/2023 s. 3.
(1)
It is a defence to a charge for an offence against section 34AE(1) if—
(a)
the conduct constituting the offence was a sexual activity; and
(b)
either—
(i)
B consented to the conduct; or
(ii)
A reasonably believed that B consented to the conduct.
(2)
In this section—
consent has the meaning given by sections 34AG and 34AH.
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