Children under 18 involved with family members over 18.Children under 18 having sexual relations with persons in a position of trust.Child sexual offences involving children under 16.Inciting or causing a person to engage in sexual activity with a child under 13.Assault by penetration of a child under 13.Only the act itself and the age of the victim/complainant or other criteria need to be proved. In relation to many other offences there is no requirement to prove an absence of consent. And (A) does not reasonably believe that B consents.In relation to these offences, a person (A) is guilty of an offence if (s)he: causing a person to engage in sexual activity.The Act sets out the offences requiring the prosecution to prove absence of consent at sections 1-4. Prosecutors are advised to view ‘Consent in Sexual Cases' - which can be accessed via the Prosecution College. Toolkits on consent have been created to assist investigators, prosecutors and advocates when considering issues in relation to consent and evaluating the evidence in a case. It is important to make a distinction between consent and mere submission, acquiescence or compliance.
ostensible consent, but it is not true consent in the particular context in which the offending has occurred, for example in cases where a young complainant has been groomed.
Sometimes consent is given, or appears to be given, i.e.