53QCircumstances in which a person does not consent

53Q Circumstances in which a person does not consent

Circumstances in which a person does not consent to the production or distribution of an intimate image include, but are not limited to, the following—

(a) the person does not say or do anything to indicate consent to the production or distribution of the intimate image;

(b) the person agrees to the production or distribution of the intimate image because of force, a fear of force, harm of any type or a fear of harm of any type, whether to that person or someone else, regardless of—

(ii) whether it is, or is a result of, a single incident or part of an ongoing pattern;

Each of the following is an example of a type of harm referred to in this paragraph—

(c) the person agrees to the production or distribution of the intimate image because of coercion or intimidation—

(d) the person agrees to the production or distribution of the intimate image because the person is overborne by the abuse of a relationship of authority or trust;

(e) the person is asleep or unconscious;

(f) the person is so affected by alcohol or another drug as to be incapable of consenting to the production or distribution of the intimate image;

(g) the person is so affected by alcohol or another drug as to be incapable of withdrawing consent to the production or distribution of the intimate image.

This circumstance may apply where a person gave consent when not so affected by alcohol or another drug as to be incapable of consenting.

S. 53R inserted by No. 38/2022 s. 22.