South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 47

47—Reckless indifference

For the purposes of this Division, a person is "recklessly indifferent to the fact that another person does not consent to an act, or has withdrawn consent to an act, if he or she—

            (a)         is aware of the possibility that the other person might not be consenting to the act, or has withdrawn consent to the act, but decides to proceed regardless of that possibility; or

            (b)         is aware of the possibility that the other person might not be consenting to the act, or has withdrawn consent to the act, but fails to take reasonable steps to ascertain whether the other person does in fact consent, or has in fact withdrawn consent, to the act before deciding to proceed; or

            (c)         does not give any thought as to whether or not the other person is consenting to the act, or has withdrawn consent to the act before deciding to proceed.