Sexual offences

Most sexual offences depend on consentTo agree to something being done, to approve an action or arrangement. See also informed consent.. ‘Consent’ is defined in section 36 of the Crimes ActA written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation.; consent means free agreement. A person can withdraw consent before or during a sexual act.

Circumstances in which a person does not consent to an act include (but are not limited to):

• the person submits to an act because of force, or the fear of force or the fear of being harmed;
• the person submits to an act because they are imprisoned;
• the person is asleep or unconscious;
• the person is so affected by alcohol or another drug as to be incapable of consenting to the act;
• the person is incapable of understanding the sexual nature of the act;
• the person is mistaken about the identity of any other person involved in the act;
• the person mistakenly believes that the act is for medical or hygienic purposes; or
• the person does not say or do anything to indicate consent to the act.