What must be established for an effective defense of consent in sexual offences?

For an effective defense of consent in sexual offences, it is essential to establish that the accused took reasonable steps to confirm that consent was given. This principle is grounded in the understanding that consent must be clear and unequivocal, and reasonable steps to ascertain consent support the assertion that the accused acted in good faith and that the interaction was consensual.

This requirement emphasizes the importance of communication and clarity in sexual encounters. It goes beyond merely accepting one person's word that consent was given, recognizing that active engagement in confirming consent is necessary to ensure that all parties involved are in agreement and aware of what is occurring.

Moreover, the law requires that consent be informed, voluntary, and ongoing, which aligns with the need for the accused to take reasonable measures to confirm consent in practice. By demonstrating that they made an effort to ensure consent, the accused can strengthen their defense and show that they respected the autonomy of the complainant in the situation.