South Australian Consolidated Acts South Australian Consolidated Acts34N—Directions relating to consent in certain sexual cases
(1) In a trial of a
charge of a sexual offence where a lack of consent of a person in relation to
a particular sexual activity is in issue, the judge must direct the jury that
the person is not to be regarded as having consented to the sexual activity
the subject of the charge merely because—
(a) the
person did not say or do anything to indicate that he or she did not freely
and voluntarily agree to the sexual activity; or
(b) the
person did not protest to or physically resist the sexual activity; or
(c) the
person was not physically injured in the course of, or in connection with, the
sexual activity; or
(d) 1 or
more of the following circumstances apply:
(i)
the person freely and voluntarily agreed to
sexual activity of a different kind with the defendant;
(ii)
the person had freely and voluntarily agreed to
sexual activity (whether or not of the same kind) with the defendant on an
earlier occasion;
(iii)
the person had, on that or some other occasion, freely
and voluntarily agreed to sexual activity (whether or not of the same kind)
with another person.
(2) The judge must, in
a trial referred to in subsection (1), give each of the directions
referred to in that subsection as may be applicable in the circumstances of
the particular case.
(3) In this
section—
"consent", in relation to a sexual activity, has the same meaning as in the
Criminal Law Consolidation Act 1935 ;
"sexual activity" includes sexual intercourse (within the meaning of the
Criminal Law Consolidation Act 1935 ).