(1) In this chapter,
"consent" means consent freely and voluntarily given by a person with the
cognitive capacity to give the consent.
(2) Without limiting subsection (1) ,
a person’s consent to an act is not freely and voluntarily given if it is
obtained—
(a) by force; or
(b) by threat or intimidation; or
(c) by fear
of bodily harm; or
(d) by exercise of authority; or
(e) by false and
fraudulent representations about the nature or purpose of the act; or
(f) by
a mistaken belief induced by the accused person that the accused person was
the person’s sexual partner.
(3) A person is not to be taken to give
consent to an act only because the person does not, before or at the time the
act is done, say or do anything to communicate that the person does not
consent to the act.
(4) If an act is done or continues after consent to the
act is withdrawn by words or conduct, then the act is done or continues
without consent.
