The new definition of consent in Section 61HE of the Crimes Act 1900 applies to this offence. A person consents to sexual activity if they freely and voluntarily agree to the sexual activity. Other than proving simply that a person did not agree, some other grounds on which it can be established that a person does not consent include: 1. Consent whilst substantially intoxicated by drugs or alcohol; or, 2. Consent because of intimidation, coercion, or threats of force; or, 3. Consent because of the abuse of a position of authority or trust. A person cannot consent if: 1. They do not have capacity to consent because of their age or cognitive incapacity; 2. They are asleep or unconscious; 3. They have consented because of threats or they are unlawfully detained. A person has "knowledge" about lack of consent to the sexual touching if: 1. The person knows the alleged victim does not consent; or, 2. The person is reckless as to whether the alleged victim consents; or, 3. The person has no reasonable grounds for believing the alleged victim consents. Importantly, a court will take into account all of the circumstances, including any steps taken to ascertain whether the alleged victim consented. However, self-induced intoxication cannot be taken into account.