s. 36 (2) For the purposes of Subdivisions (8B) to (8E) both the person who sexually penetrates another person and the other person are taking part in an act of sexual penetration. S. 36 36 Meaning of consent substituted by No. 81/1991 For the purposes of Subdivisions (8A) to (8D) s. 3. means free agreement. Circumstances in consent which a person does not freely agree to an act include the following— (a) the person submits because of force or the fear of force to that person or someone else; (b) the person submits because of the fear of harm of any type to that person or someone else; (c) the person submits because she or he is unlawfully detained; (d) the person is asleep, unconscious, or so affected by alcohol or another drug as to be incapable of freely agreeing; (e) the person is incapable of understanding the sexual nature of the act; (f) the person is mistaken about the sexual nature of the act or the identity of the person; (g) the person mistakenly believes that the act is for medical or hygienic purposes. S. 37 37 Jury directions substituted by No. 81/1991 (1) If relevant to the facts in issue in a proceeding the s. 3, judge must direct the jury on the matters set out in amended by Nos 81/1997 sections 37AAA and 37AA. s. 4, 2/2006 s. 4, (2) A judge must not give to a jury a direction of a substituted by kind referred to in section 37AAA or 37AA if the No. 57/2007 s. 3. direction is not relevant to the facts in issue in the proceeding.
(2) For the purposes of Subdivisions (8B) to (8E) both the person who sexually penetrates another person and the other person are taking part in an act of sexual penetration. S. 36 substituted by No. 81/1991 s. 3. 36 Meaning of consent s. 36 For the purposes of Subdivisions (8A) to (8D) consent means free agreement. Circumstances in which a person does not freely agree to an act include the following— (a) the person submits because of force or the fear of force to that person or someone else; (b) the person submits because of the fear of harm of any type to that person or someone else; (c) the person submits because she or he is unlawfully detained; (d) the person is asleep, unconscious, or so affected by alcohol or another drug as to be incapable of freely agreeing; (e) the person is incapable of understanding the sexual nature of the act; (f) the person is mistaken about the sexual nature of the act or the identity of the person; (g) the person mistakenly believes that the act is for medical or hygienic purposes. S. 37 substituted by No. 81/1991 s. 3, amended by Nos 81/1997 s. 4, 2/2006 s. 4, substituted by No. 57/2007 s. 3. 37 Jury directions (1) If relevant to the facts in issue in a proceeding the judge must direct the jury on the matters set out in sections 37AAA and 37AA. (2) A judge must not give to a jury a direction of a kind referred to in section 37AAA or 37AA if the direction is not relevant to the facts in issue in the proceeding.
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