One element of sexual assault that must be proved by the prosecution is the knowledge of the accused that the victim has not given consent to the intercourse and despite this knowledge that there was no consent the accused still persisted in having sexual intercourse with the victim.
One possible defence that may be established to raise a reasonable doubt as to the knowledge of the accused that there was no consent from the victim is the presentation of evidence of a reasonable belief on the part of the accused that the victim had, in fact, given consent.
The defence of reasonable belief as to the presence of consent is logical, credulous and valid in specific circumstances: when the victim knows the accused and has expressed interest in engaging in sexual relations with the accused, for instance. Or if the victim sent the accused text messages cordially inviting the accused to have sexual intercourse; or if the victim sent the accused sexualized, suggestive or provocative photographs of himself or herself; or If when the accused and the victim met, the victim removed some of his or her articles of clothing and began kissing the accused and touching his private parts, these actions can lead the accused to believe that there is consent to the sexual intercourse.
If prior to the sexual intercourse the victim sent the accused emails describing the reactions of her body as she lies in bed thinking of him; if he or she describes engaging in masturbatory acts while thinking of or looking at pictures of the accused and begs him to fulfill his or her sexual desires in person, these are invitations to engage in sexual intercourse.
If after the intercourse between the parties and the victim sent a thank you note or sent flowers or other gifts and tokens of appreciation these can be given in evidence to prove that the accused had a reasonable belief that the victim consented to the sexual intercourse. These cannot be presented to directly prove consent on the part of the victim, of course, but it can be presented to prove the reasonable belief of the accused that consent had in fact been given by the victim.
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.