Consent

WHAT IS A LEGAL DEFENCE?

Legal defences are defences available to defend against criminal accusations and charges by justifying the actions of an individual through defences sourced from common law and legislation.

This article explores different types of legal defences available.

If you have been accused or charged with a criminal offence, contact our expert criminal lawyers immediately so that we may analyse which defences apply to your situation. 

WHAT IS A CONSENT DEFENCE? 

The defence of consent is commonly used in matters of sexual assault. Section 61HI of the Crimes Act 1900 (NSW) defines a person as having consented to sexual activity if, at the time of the sexual activity, the person freely and voluntarily agrees to the sexual activity.

The defence of consent may be relied upon as a defence to a sexual assault charge if the alleged victim either consented to the sexual act or the accused did not know that the alleged victim did not consent and any belief that the accused person had that the alleged victim consented to the sexual activity was reasonable in the circumstances and the accused was not reckless as to whether the alleged victim consented to the sexual activity.

The defence of consent can be used in an assault charge, but does not apply in cases where the alleged victim suffered serious injury, as a person cannot consent to serious harm.

THINGS YOU NEED TO KNOW:

1. A number of legal defences against convictions of criminal offences are available in NSW.
2. Legal defences are used to justify the actions of an individual who has been accused or charged with a criminal offence.
3. Legal defences are sourced from common law, with some now incorporated into legislation.
4. Some legal defences apply to specific criminal offences, whilst other legal defences apply more broadly.
5. Criminal Lawyers Group are the leading criminal law firm in NSW for using legal defences to obtain not guilty verdicts and the withdrawal of charges for clients charged with criminal offences.

Criminal Lawyers Group specialise in strategic approaches through legal defences to successful defend you against your criminal charges.

Our Criminal Lawyers will always provide effective legal representation that evaluates case-specific circumstances, identifies applicable defences, and presents a compelling case in court. Through the exceptional knowledge of these defences, our award-winning criminal lawyers strive to secure the best outcomes for defendants, ensuring compelling defences against criminal charges under the NSW legal system.