You may also assert an honest but mistaken belief to (a) sexual act(s). However, this defence is not available when the said belief came to fruition through self-induced intoxication; if one is “reckless” or willfully blind relative to the complainant’s lack of consent; if the accused person is unable to articulate the words used to buttress consent; and the where the accused person does not take “reasonable steps” in the circumstances to ascertain whether or not the complainant was in fact consenting.

Consent is not available as a defence for persons allegedly in a position of authority and the complainant is under the age of 18, nor is it available as a defence if the complainant is under the age of 16. Depending on the facts, a myriad of other defences may also be available, but when advancing a defence of denial or consent, the case will likely turn on the testimony of the complainant, which is why it is imperative to hire a lawyer with the ability to cross-examine the complainant with vigor and properly and effectively advance your version of events.