Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 348A

348A Mistake of fact in relation to consent

(1) This section applies for deciding whether, for section 24 , a person charged with an offence under this chapter did an act under an honest and reasonable, but mistaken, belief that another person gave consent to the act.

(2) In deciding whether a belief of the person was honest and reasonable, regard may be had to anything the person said or did to ascertain whether the other person was giving consent to the act.

(3) In deciding whether a belief of the person was reasonable, regard may not be had to the voluntary intoxication of the person caused by alcohol, a drug or another substance.