Christian v R on S 128A(1) Crimes Act 1961

Abstract

This article concerns section 128A(1) of the New Zealand Crimes Act 1961, which specifies the various factual circumstances that do not constitute consent to sexual activity for the purposes of sexual violence offences. The author considers this section in light of the case of Christian v R, with specific regard to the issue of whether s 128A(1) prevents an actor from claiming reasonable belief of consent based on passivity, rather than explicit consent.

Keywords: Criminal Law, Sexual Violence, Consent, New Zealand

JEL Classification: K00, K14