14AMistake as to consent in certain sexual offences

14A Mistake as to consent in certain sexual offences

[Section 14A Amended by No. 61 of 2004, s. 4, Applied:17 Dec 2004]

(1)  [Section 14A Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] In proceedings for an offence against section 124 , 125B , 127 or 185 , a mistaken belief by the accused as to the existence of consent is not honest or reasonable if the accused –

(a) was in a state of self-induced intoxication and the mistake was not one which the accused would have made if not intoxicated; or

(b) was reckless as to whether or not the complainant consented; or

(c) did not take reasonable steps, in the circumstances known to him or her at the time of the offence, to ascertain that the complainant was consenting to the act.

(2)  [Section 14A Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] In proceedings for an offence of attempting to commit an offence against section 124 , 125B or 185 , absence of intention to commit the attempted offence is not a defence if it is established that the absence of intent was due to –

(a) self-induced intoxication; or

(b) [Section 14A Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] a failure to take reasonable steps in the circumstances known to the accused at the time of the offence to ascertain that the complainant would have consented to the act constituting the offence against section 124 , 125B or 185 .