Section 45 of Sexual Offences Act: Conclusive presumptions about consent

(1) If in proceedings under this Act it is proved that the accused person committed any offence and that any of the circumstances specified in subsection (2) existed, it is to be conclusively presumed—
(a) that the complainant did not consent to the commission of that act; and
(b) that the accused person did not believe that the complainant consented to the act being complained of.
(2) The circumstances are that—
(a) the accused person intentionally deceived the complainant as to the nature or purpose of the act complained of;
(b) the accused person intentionally induced the complainant to consent to the act complained of by impersonating a person known personally to the complainant.

More Sections

Section 46 - National policy framework

The Minister shall— (a) prepare a national policy framework to guide the implementation, and administration of this Act in order to secure acceptable and uniform treatment of all sexual related...

Section 47 - Regulations

The Minister may, in consultation with the Ministers for the time being responsible for matters relating to Internal Security, Prisons, Social Services, Education and Health, make regulations...

Section 47A - Chief Justice may make rules

The Chief Justice may make rules of Court for the implementation of this Act.

Section 48 - Transitional provisions

The provisions of the First Schedule shall apply.

Section 49 - Consequential amendments and repeals

The Acts identified in the Second Schedule are amended in the manner set out in the Schedule.

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