Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) For sections 54, 55 (3) (b), 60 and 61 (3) (b) and without limiting the grounds on which it may be established that consent is negated, the consent of a person to sexual intercourse with another person, or to the committing of an act of indecency by or with another person, is negated if that consent is caused—
(a) by the infliction of violence or force on the person, or on a third person who is present or nearby; or
(b) by a threat to inflict violence or force on the person, or on a third person who is present or nearby; or
(c) by a threat to inflict violence or force on, or to use extortion against, the person or another person; or
(d) by a threat to publicly humiliate or disgrace, or to physically or mentally harass, the person or another person; or
(e) by the effect of intoxicating liquor, a drug or an anaesthetic; or
(f) by a mistaken belief as to the identity of that other person; or
(g) by a fraudulent misrepresentation of any fact made by the other person, or by a third person to the knowledge of the other person; or
(h) by the abuse by the other person of his or her position of authority over, or professional or other trust in relation to, the person; or
(i) by the person's physical helplessness or mental incapacity to understand the nature of the act in relation to which the consent is given; or
(j) by the unlawful detention of the person.
(2) A person who does not offer actual physical resistance to sexual intercourse shall not, by reason only of that fact, be regarded as consenting to the sexual intercourse.
(3) If it is established that a person who knows the consent of another person to sexual intercourse or the committing of an act of indecency has been caused by any of the means set out in subsection (1) (a) to (j), the person shall be deemed to know that the other person does not consent to the sexual intercourse or the act of indecency, as the case may be.