Part 2Consent and reasonable belief
Consent
12Meaning of “consent” and related expressions
In Parts 1 and 3, “consent” means free agreement (and related expressions are to be construed accordingly).
13Circumstances in which conduct takes place without free agreement
1
For the purposes of section 12, but without prejudice to the generality of that section, free agreement to conduct is absent in the circumstances set out in subsection (2).
2
Those circumstances are—
a
where the conduct occurs at a time when B is incapable because of the effect of alcohol or any other substance of consenting to it,
b
where B agrees or submits to the conduct because of violence used against B or any other person, or because of threats of violence made against B or any other person,
c
where B agrees or submits to the conduct because B is unlawfully detained by A,
d
where B agrees or submits to the conduct because B is mistaken, as a result of deception by A, as to the nature or purpose of the conduct,
e
where B agrees or submits to the conduct because A induces B to agree or submit to the conduct by impersonating a person known personally to B, or
f
where the only expression or indication of agreement to the conduct is from a person other than B.
3
References in this section to A and to B are to be construed in accordance with sections 1 to 9.
14Consent: capacity while asleep or unconscious
1
This section applies in relation to sections 1 to 9.
2
A person is incapable, while asleep or unconscious, of consenting to any conduct.
15Consent: scope and withdrawal
1
This section applies in relation to sections 1 to 9.
2
Consent to conduct does not of itself imply consent to any other conduct.
3
Consent to conduct may be withdrawn at any time before, or in the case of continuing conduct, during, the conduct.
4
If the conduct takes place, or continues to take place, after consent has been withdrawn, it takes place, or continues to take place, without consent.