Anyone wanna take a crack at this? (1 Viewer)

[ethan16]

Any help with my queries about this would be awesome.

From NSW CRIMES ACT 1900 - SECT 61HA:

A person does not consent to sexual intercourse: (a) if the person does not have the capacity to consent to the sexual intercourse, including because of age or cognitive incapacity.
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I'm not really familiar with how statutes work exactly, but where it says 'including because of age or cognitive incapacity' they aren't the only options are they? Ie, 'does not have the capacity' could be more than 'because of age or cognitive incapacity'?

If so, ummm, gah... how to word this........................................

Could it be argued that through circumstances of upbringing, cultural perceptions, the imposing nature of a group of big boys expecting something out of her, a young person does not have the capacity to consent?

Thanks.

 

[cassieagill]

no, only if they are underage, or have been proven to have a mental disability or drunk ect, it does not matter what their upbringing is

 

[ethan16]

no, only if they are underage, or have been proven to have a mental disability or drunk ect, it does not matter what their upbringing is

Oh okay. Why do you say this?

 

[cassieagill]

Oh okay. Why do you say this?

how is the rapist supposed to know about their upbringing?

It must be visually abled to be determined

 

[ethan16]

how is the rapist supposed to know about their upbringing?

It must be visually abled to be determined

Ok. Thankyou very much.

Disheartening but helpful.