Friday, September 27, 2013

recklessly indifferent.


25.72 Sexual offences against adults generally require the prosecution to prove that the complainant did not consent to the sexual conduct. This is a matter for the jury to determine by reference to the complainant’s actual state of mind at the time the sexual conduct occurred.
 
25.73 In adult sexual assault trials, it is common for the defendant to admit sexual activity but assert a belief that it was consensual. This is a matter for the jury to determine by reference to the defendant’s actual state of mind—and, in some jurisdictions, by reference to whether that state of mind was reasonable—at the time the sexual conduct occurred...[however] the dividing line between real consent and mere submission may be difficult to draw—introducing greater complexity.
 
Hope lies in the empowered, informed and compassionate among us.