34AG

Sexual activity and consent defence—meaning of consent

In force

S. 34AG inserted by No. 37/2023 s. 3.

For the purposes of section 34AF(1)(b)—

(a)

consent means free and voluntary agreement; and

(b)

a person does not consent to the conduct constituting the offence just because they do not resist the conduct verbally or physically; and

(c)

a person does not consent to the conduct constituting the offence just because they consented to—

(i)

a different sexual activity with the same person; or

(ii)

the same sexual activity with the same person at a different time or place; or

(iii)

the same sexual activity with a different person; or

(iv)

a different sexual activity with a different person.

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