Most sexual offences depend on To agree to something being done, to approve an action or arrangement. See also informed consent.. ‘Consent’ is defined in section 36 of the Crimes A 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.