Consent

Question 1

Consent sec 74

Answer 1

A person consents if he agrees by choice, and has the freedom and capacity to tbethat choice

Question 2

Sec 75 consent cannot be gained if

Answer 2

• using violence or causing V to fear immediate violence against themselves or another.

unlawfully detained at the time of relevant act
sleep or otherwise unconscious
physical disability
V not able to communicate consent
administered or caused to be taken, without consent, a substance capable of causing or enabling the V to be stupefied or overpowered.

Question 3

S76 Conclusive Presumptions

Answer 3

If the victim does not consent and the offender did not believe the victim consented, then both elements exist and a decision of conclusive presumption can be made.
For example:
1) Impersonating a person known personally to the victim. (e.g: twins)
2) Deception as to the nature of the offence. (Doctor stating doing a sexual act will save the victims life when it is a known lie to the offender.) the offender has deceived the victim.

Question 4

Reasonable belief in consent

Answer 4

This is when a jury (court) will have to take into account the actions of both parties involved, the circumstances in which they placed themselves and the level of responsibility exercised by both persons. The jury must make a conclusion of “it was or was not a realistic possibility”.