AGADVOKS GLOBALKENYA · ENGLISH
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Sexual Offences Act

45. Conclusive presumptions about consent

Edition: 2024-04-26 · In force

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45. Conclusive presumptions about consent

(1)If in proceedings under this Act it is proved that the accused person committed any offence 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 commission of that act; and
(b)that the accused person did not believe that the complainant consented to the act being complained of.
(2)The circumstances are that—
(a)the accused person intentionally deceived the complainant as to the nature or purpose of the act complained of;
(b)the accused person intentionally induced the complainant to consent to the act complained of by impersonating a person known personally to the complainant.
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Source: Kenya Law