[Rev. 2012]
Sexual Offences
Sexual Offences
CAP. 62A
(4) The circumstances in which a person is incapable in law of appreciating the
nature of an act referred to in subsection (1) include circumstances where such a
person is, at the time of the commission of such act—
(a) asleep;
(b) unconscious;
(c) in an altered stated of consciousness;
(d) under the influence of medicine, drug, alcohol or other substance to
the extent that the person’s consciousness or judgment is adversely
affected;
(e) mentally impaired; or
(f) a child.
(5) This section shall not apply in respect of persons who are lawfully married
to each other.
44. Evidential presumptions about consent
(1) If in proceedings for an offence under this Act, it is proved—
(a) that any of the circumstances specified in subsection (2) existed; and
(b) that the accused person knew that those circumstances existed,
the complainant is to be taken not to have consented to the act unless sufficient
evidence is adduced to raise an issue as to whether he or she consented, and
the accused is to be taken not to have reasonably believed that the complainant
consented unless sufficient evidence is adduced to raise an issue as to whether
he or she reasonably believed it.
(2) The circumstances are that—
(a) any person was, at the time of the offence or immediately before
it began, using violence against the complainant or causing the
complainant to fear that immediate violence would be used against
him;
(b) any person was, at the time of the offence or immediately before it
began, causing the complainant to fear that violence was being used,
or that immediate violence would be used, against another person;
(c) the complainant was, and the accused was not, unlawfully detained
at the time of the commission of the act;
(d) the complainant was asleep or otherwise unconscious at the time of
the commission of the act;
(e) because of the complainant’s disability, the complainant would not
have been able at the time of the commission of the act to
communicate to the accused whether the complainant consented;
(f) any person had administered to or caused to be taken by the
complainant, without the complainant’s consent, a substance which,
having regard to when it was administered or taken, was capable of
causing or enabling the complainant to be stupefied or overpowered
at the time of the commission of the act.
S9 - 27
[Issue 1]
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