Page:Sexual Offences Act 2003.pdf/46

40 Part 1—Sexual Offences : complainant to fear that immediate violence would be used against him;
 * (b) any person was, at the time of the relevant act or immediately before it began, causing the complainant to fear that violence was being used, or that immediate violence would be used, against another person;
 * (c) the complainant was, and the defendant was not, unlawfully detained at the time of the relevant act;
 * (d) the complainant was asleep or otherwise unconscious at the time of the relevant act;
 * (e) because of the complainant’s physical disability, the complainant would not have been able at the time of the relevant act to communicate to the defendant whether the complainant consented;
 * (f) any person had administered to or caused to be taken by the complainant, without the complainant’s consent, a substance which, having regard to when it was administered or taken, was capable of causing or enabling the complainant to be stupefied or overpowered at the time of the relevant act.

(3) In subsection (2)(a) and (b), the reference to the time immediately before the relevant act began is, in the case of an act which is one of a continuous series of sexual activities, a reference to the time immediately before the first sexual activity began.

76 Conclusive presumptions about consent

(1) If in proceedings for an offence to which this section applies it is proved that the defendant did the relevant act and that any of the circumstances specified in subsection (2) existed, it is to be conclusively presumed—
 * (a) that the complainant did not consent to the relevant act, and
 * (b) that the defendant did not believe that the complainant consented to the relevant act.

(2) The circumstances are that—
 * (a) the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act;
 * (b) the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant.

77 Sections 75 and 76: relevant acts

In relation to an offence to which sections 75 and 76 apply, references in those sections to the relevant act and to the complainant are to be read as follows—