There are some ways to defend sex offences.

     Consent
Consent is hotly contested in many sexual offences, with rape and indecent assault being the primary cases this is relevant.

     According to the Crimes Act 2009:

• Consent means ‘free agreement’.
• Rape means ‘Intentionally sexually penetrates another person without their consent, while being aware that the person is not or might not be consenting,  or while not giving any thought   to whether the person is not or might not be consenting.’

It must be proved beyond reasonable doubt that there was penetration, it was intentional, it was non-consensual, and the act was carried out without the accused being aware that the person may or may not be consenting. Rape examines the last two points, since it is usually accepted at that point that penetration did occur and it was not an accident.

     Regarding consent
Rules apply that outline circumstances whereby there was fear, coercion, force, harm threatened, the person is asleep, unconscious, drunk, or  affected by drugs, incapable of understanding the sexual nature of the act  or mistaken about the sexual nature of the act or identity of the person, or the person mistakenly believes  there is some medical  or hygienic purpose to the act.

Juries must consider many aspects of the incident/s when deciding if it was in fact to be considered rape. There might also be other offences committed at the time such as trespassing or criminal damage.

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