Among other circumstances, a person does not give consent to a sexual act if they are in in fear of force or harm of any kind, are being held against their will, are asleep or unconscious, are significantly affected by drugs or alcohol or if they lack the mental capacity to understand the sexual act. In Victoria the concept of consent is covered in section 36 of the Crimes Act 1958 (Vic). The issue of consent is central to convictions involving sexual assault or rape. Curiously, the word ‘consent’ does not feature in any of Victoria’s sex work legislation.
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