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Act index » Part I - Offences » Division 1 - Offences against the person » Subdivision (8E) - Sexual offences against persons with a cognitive impairment or mental illness
52I Defence—reasonable belief a person does not have a cognitive impairment or mental illness
It is a defence to a charge for an offence against a provision of this Subdivision for A to prove on the balance of probabilities that, at the time of the conduct constituting the offence, A reasonably believed that the person who has a cognitive impairment or mental illness did not have a cognitive impairment or mental illness.