s 34AG
In forceSexual activity and consent defence—meaning of consent
Part IOffences
Division 1Offences against the person
Subdivision (4A)Non-fatal strangulation
34AG Sexual activity and consent defence—meaning of consent
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.
S. 34AH inserted by No. 37/2023 s. 3.
Research tools for this sectionPro
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.