Definition of consent

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Consent means free agreement. Circumstances in which a person does not freely agree to an act include where:

• a person submits because of force, or is afraid of the use of force against her or someone else (including forms of harm other than physical force)
• a person submits because of fear of harm of any type to that person or someone else:
  • a person submits because of being held captive (which is also against the law);
  • a person is asleep, unconscious, or so drunk or under the influence of another drug as to be incapable of freely agreeing
  • a person does not understand the sexual nature of the act;
  • a person is mistaken about the sexual nature of the act or about who the person is who is performing it;
  • a person believes mistakenly that the act is being performed for medical or hygienic purposes.

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Disclaimer Copyright Updated: 9 Oct 2009