Criminal Law: Assault, Sexual Assault, Homicide - Guides
Assault, Sexual Assault, Homicide
11. Consent
Firm / Chambers:
Last updated: 19 Jun 2015
- The legal definition of consent means ‘free agreement.’
- Whether or not a person gives free agreement to an act depends on the circumstances of each case.
- Just because a person does not say “no” that does not mean the person has freely agreed. The circumstances where a person does not give free agreement can include:
- where the person is intoxicated, asleep, affected by drugs or otherwise unconscious;
- where the person is unable to understand what they are consenting to due to age or intellectual capacity;
- where the person submits because of force or threats;
- where the person submits because the offender is in a position of trust or authority;
- where the person is mistaken about the identity of the offender;
- where the person is mistaken about the nature of the act; or
- where the person mistakenly believes the act is for medical or hygienic purposes.
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