Circumstances in which there is no consent
(1) A person does not consent to a sexual activity if— (a) the person does not say or do anything to communicate consent, or (b) the person does not have the capacity to consent to the sexual activity, or (c) the person is so affected by alcohol or another drug as to be incapable of consenting to the sexual activity, or (d) the person is unconscious or asleep, or (e) the person participates in the sexual activity because of force, fear of force or fear of serious harm of any kind to the person, another person, an animal or property, regardless of— (i) when the force or the conduct giving rise to the fear occurs, or (ii) whether it occurs as a single instance or as part of an ongoing pattern, or (f) the person participates in the sexual activity because of coercion, blackmail or intimidation, regardless of— (i) when the coercion, blackmail or intimidation occurs, or (ii) whether it occurs as a single instance or as part of an ongoing pattern, or (g) the person participates in the sexual activity because the person or another person is unlawfully detained, or (h) the person participates in the sexual activity because the person is overborne by the abuse of a relationship of authority, trust or dependence, or (i) the person participates in the sexual activity because the person is mistaken about— (i) the nature of the sexual activity, or (ii) the purpose of the sexual activity, including about whether the sexual activity is for health, hygienic or cosmetic purposes, or (j) the person participates in the sexual activity with another person because the person is mistaken— (i) about the identity of the other person, or (ii) that the person is married to the other person, or (k) the person participates in the sexual activity because of a fraudulent inducement. (2) This section does not limit the grounds on which it may be established that a person does not consent to a sexual activity. (3) In this section— fraudulent inducement does not include a misrepresentation about a person’s income, wealth or feelings.
Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.
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