Division 10 of the Act prohibits and defines sexual violence against adults and children. A person consents to sexual intercourse if the person freely and voluntarily agrees (§ 61HE(2)). As provided in section 61HE(3), a perpetrator is deemed to know that the other person does not consent if they have actual knowledge, are reckless as to consent, or had no reasonable belief that the other person consented. In determining consent, the trier of fact must consider all of the circumstances, including any steps taken by the person to ascertain whether the other person consents, but not including any self-induced intoxication of the person. There can be no consent if the person is a minor, unconscious or asleep, cognitively incapacitated, under duress, or unlawfully detained.
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