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Jury should apply their common sense in considering what constitutes consent. |
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Whether the victim consents is a question of fact to be determined by the jury. s76 requires stringent scrutiny and usually issue of consent will be addressed by s74. |
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Whether or not a drunken victim consents is a question of fact to be determined by the jury. |
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Rape within a marriage is possible if the wife does not consent. |
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Deception as to the nature of the act negates consent. |
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Deception as to the purpose of the act negates consent. |
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Touching breasts would be considered sexual. |
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Grabbing pocket of pants is sexual touching. |
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Kissing victim's face could be considered sexual. |
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For offences that are strict liability in relation to age, intention must still be proved. |
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