Crimes Act 1958
50HDefence—accused did not consent
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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.
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.