What is consent in a Sexual Assault case? The definition is
surprisingly complex.
If a person charged with sexual assault of an adult held a
reasonable belief that the person who alleged they had been
sexually assaulted, had consented to being sexually touched, the
accused is not guilty of that criminal offence.
It is the Court, or a jury, which will assess if such a belief
was reasonable after considering all the circumstances, including
evidence provided to by both prosecution and defence.
No aspects of stereotyping, or preconceptions should form part
of this assessment by the Court. This includes cultural or
religious typecasting.
Essentially, the Court will turn its mind to what would have
been expected by the community, in relation to the actions of the
accused person, in the circumstances.
