Text as at 26 April 2026
This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

34AG Sexual activity and consent defence—meaning of consent

For the purposes of section 34AF(1)(b)—
S. 34AG inserted by No. 37/2023 s. 3.
(a)consent means free and voluntary agreement; and
(b)a person does not consent to the conduct constituting the offence just because they do not resist the conduct verbally or physically; and
(c)a person does not consent to the conduct constituting the offence just because they consented to—
(i)a different sexual activity with the same person; or
(ii)the same sexual activity with the same person at a different time or place; or
(iii)the same sexual activity with a different person; or
(iv)a different sexual activity with a different person.