Consent Flashcards
1
Q
Consent - what makes sexual connection unlawful?
A
The crown must prove that:
- The complainant did not consent to the sexual act (subjective test)
- The offender did not believe the complainant was consenting (subjective test)
- If he did believe she was consenting, the grounds for such belief were not reasonable (objective test)
2
Q
What is Consent?
A
Consent is a person conscious and voluntary agreement to something desired or proposed by another.
3
Q
Reluctant Consent
A
True consent may be given reluctantly and may be regretted afterwards but if it was given even in such manner, it constitutes consent.
4
Q
Matters that DO NOT constitute consent – S128A CA 1961
A
- Not protesting or offering physical resistance use of force
- Application of force, threats or fear of force to self or others
- Asleep or unconscious
- Affected by alcohol or drugs
- Affected by mental impairment
- Mistaken ID
- Mistaken as to the nature or quality of the act
