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Act index » Part I - Offences » Division 1 - Offences against the person » Subdivision (8C) - Incest
50H Defence—accused did not consent
It is a defence to a charge for an offence against a provision of this Subdivision if A did not consent to the conduct constituting the offence.
1The reference to A in this section is a reference to the same A referred to in the offence provisions in this Subdivision.
2A person may intentionally engage in conduct but not consent to it—see section 36AA. For example, B threatens to hurt A if A does not allow B to sexually penetrate A. A intentionally allows B to sexually penetrate A because A is afraid of harm. A did not consent to the conduct constituting the offence.