The definition of consent to sexual activity can be found under Section 61HA of the Crimes Act 1900 (NSW). Sexual activity, which includes sexual intercourse, is considered consensual if the person consenting does so freely and voluntarily.
Circumstances in which a person is taken not to freely and voluntarily agree to sexual activity include, but are not limited to:
An example of the last point – if a person is mistaken about the nature of the activity – may include circumstances where a person agrees to engage in sexual activity in the mistaken belief that the activity is necessary for the purpose of a medical diagnosis, for the purpose of hygiene or for some other treatment.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.