Australian Capital Territory Current Acts

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CRIMES ACT 1900 - SECT 67

When a person does not consent to an act

    (1)     For a sexual offence consent provision, and without limiting the grounds on which it may be established that a person does not consent to an act mentioned in the provision, a person does not consent to an act mentioned in the provision if the person—

        (a)     says or does something to communicate withdrawing agreement to the act either before or during the act; or

        (b)     participates in the act because of the infliction of violence or force on the person, or another person, an animal or property; or

        (c)     participates in the act because of a threat to inflict violence or force on the person, or another person, an animal or property; or

        (d)     participates in the act because of extortion, coercion, blackmail, intimidation or a fear of public humiliation or disgrace of the person or another person; or

        (e)     participates in the act because of a threat to mentally or physically harass the person or another person; or

        (f)     participates in the act because of force or fear; or

        (g)     is incapable of agreeing to the act because of intoxication; or

        (h)     is mistaken about the identity of the other person; or

              (i)     participates in the act because of fraudulent misrepresentation of any fact made by someone else; or

        (j)     participates in the act because of an intentional misrepresentation by another person about the use of a condom; or

        (k)     participates in the act as a result of an abuse of—

              (i)     a relationship of authority, trust or dependence; or

              (ii)     a professional relationship; or

        (l)     does not have the capacity to agree to the act; or

        (m)     is unconscious; or

        (n)     is asleep; or

        (o)     is unlawfully detained or knows that another person is unlawfully detained.

    (2)     A person also does not consent to an act with another person (the "accused person") only because the person—

        (a)     does not say or do something to resist the act; or

        (b)     consented to—

              (i)     another act with the accused person; or

              (ii)     the same act with the accused person at a different time or place; or

              (iii)     the same act with a person other than the accused person; or

              (iv)     a different act with a person other than the accused person.

    (3)     If it is established that an accused person who knows, or is reckless about whether, the consent of another person to an act mentioned in a sexual offence consent provision has been caused by any of the circumstances set out in subsection (1) (a) to (o), the accused person is taken to know that the other person does not consent to the act.

    (4)     An accused person is taken to know that another person does not consent to an act mentioned in a sexual offence consent provision if any belief that the accused person has, or may have, that the other person consents to the act is not reasonable in the circumstances.

    (5)     For subsection (4), without limiting the grounds on which it may be established that an accused person's belief is not reasonable in the circumstances, the accused person's belief is taken not to be reasonable in the circumstances if the accused person did not say or do anything to ascertain whether the other person consented.

    (6)     In this section:

"intoxication" means intoxication because of the consumption of alcohol, a drug or any other substance.

"sexual offence consent provision" means any of the following:

        (a)     section 54;

        (b)     section 55 (5) (b);

        (c)     section 60;

        (d)     section 61 (5) (b).



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