Repealed * Division 10 of the Crimes Act prohibited and defined sexual violence against adults and children. Division 10 stated that a person consents to sexual intercourse if the person freely and voluntarily agrees (§ 61HE(2)). As provided in section 61HE(3), a perpetrator was deemed to know that the other person does not consent if they have actual knowledge, are reckless as to consent, or had no reasonable belief that the other person consented. In determining consent, the trier of fact must consider all of the circumstances, including any steps taken by the person to ascertain whether the other person consents, but not including any self-induced intoxication of the person. There can be no consent if the person is a minor, unconscious or asleep, cognitively incapacitated, under duress, or unlawfully detained.
Division 10 has been repealed and replaced by the Crimes Amendment (Consent‑Sexual Assault Offences) Act 2007 (effective 2018) and further refined in 2021 reforms. The current law embraces a modern, affirmative concept of consent that must be freely given, ongoing, and informed. The old Division 10 provisions (§ 61HE, etc.) have been repealed and replaced by more comprehensive provisions that better address contemporary understandings of sexual autonomy.