Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 348

348 consent

(1) In this chapter,
"consent" means consent freely and voluntarily given by a person with the cognitive capacity to give the consent.

(2) Without limiting subsection (1) , a person’s consent to an act is not freely and voluntarily given if it is obtained—

(a) by force; or

(b) by threat or intimidation; or

(c) by fear of bodily harm; or

(d) by exercise of authority; or

(e) by false and fraudulent representations about the nature or purpose of the act; or

(f) by a mistaken belief induced by the accused person that the accused person was the person’s sexual partner.

(3) A person is not to be taken to give consent to an act only because the person does not, before or at the time the act is done, say or do anything to communicate that the person does not consent to the act.

(4) If an act is done or continues after consent to the act is withdrawn by words or conduct, then the act is done or continues without consent.