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Evidence (Miscellaneous Provisions) Act 1991
80CDirections about implied consent
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80C Directions about implied consent
In a sexual offence proceeding, the judge must, in a relevant case,
direct the jury that a person is not to be regarded as having consented
to a sexual act just because––
(a) the person did not say or do anything to indicate that the person
did not consent; or
(b) the person did not protest or physically resist; or
(c) the person did not sustain a physical injury; or
(d) on that or an earlier occasion, the person had consented to
engage in a sexual act (whether or not of the same kind) with the
accused person or someone else.
Part 4.5 Special requirements—family
violence offence proceedings