Section 80AE — Crimes Act 1900 (NSW)

Consent no defence in certain cases

(1) The consent of the child or other person to whom the charge relates shall be no defence to a charge under section 61E (1A), (2) or (2A), 61M (2), 61N (1), 61O (1), (2) or (2A), 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 66EB, 66EC, 67, 68, 71, 72, 72A, 73, 73A, 74 or 76A or, if the child to whom the charge relates was under the age of 16 years at the time the offence is alleged to have been committed, to a charge under section 61E (1), 61L, 61M (1) or 76.
(2)

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.

Related sections

s 80AB — Alternative verdicts
s 80AC — Accused persons who are minors
s 80AD — Common law offences of rape and attempted rape abolished
s 80AF — Uncertainty about time when sexual offence against child occurred
s 80AG — Defence of similar age
s 80AH — Special verdict of “sexual offence or misconduct with regard to corpse”

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