Victorian Current Acts

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CRIMES ACT 1958 - SECT 50H

Defence—accused did not consent

It is a defence to a charge for an offence against a provision of this Subdivision if A did not consent to the conduct constituting the offence.

Notes

1     The reference to A in this section is a reference to the same A referred to in the offence provisions in this Subdivision.

2     A person may intentionally engage in conduct but not consent to it—see section 36(2). For example, B threatens to hurt A if A does not allow B to sexually penetrate A. A intentionally allows B to sexually penetrate A because A is afraid of harm. A did not consent to the conduct constituting the offence.

S. 50I inserted by No. 47/2016 s. 16.



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