Victorian Consolidated Legislation

Crimes Act 1958 - SECT 36

Meaning of consent1

36. Meaning of consent1

For the purposes of Subdivisions (8A) to (8D) consent means free agreement.
Circumstances in which a person does not freely agree to an act include the
following-

   (a)  the person submits because of force or the fear of force to that
        person or someone else;

   (b)  the person submits because of the fear of harm of any type to that
        person or someone else;

   (c)  the person submits because she or he is unlawfully detained;

   (d)  the person is asleep, unconscious, or so affected by alcohol or
        another drug as to be incapable of freely agreeing;

   (e)  the person is incapable of understanding the sexual nature of the act;

   (f)  the person is mistaken about the sexual nature of the act or the
        identity of the person;

   (g)  the person mistakenly believes that the act is for medical or hygienic
        purposes.