Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES ACT 1958 - SECT 50H

Defence—accused did not consent

It is a defence to a charge for an offence against a provision of this Subdivision if A did not consent to the conduct constituting the offence.

Notes

1     The reference to A in this section is a reference to the same A referred to in the offence provisions in this Subdivision.

Note 2 to s. 50H amended by No. 38/2022 s. 12.

2     A person may intentionally engage in conduct but not consent to it—see section 36AA. For example, B threatens to hurt A if A does not allow B to sexually penetrate A. A intentionally allows B to sexually penetrate A because A is afraid of harm. A did not consent to the conduct constituting the offence.

S. 50I inserted by No. 47/2016 s. 16.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback