Article 311

Where an accused is charged with an offence under this Chapter in respect of a person under the age of fifteen, it is not a defense that the person consented to the activity that forms the subject-matter of the charge, unless the accused is under the age of fifteen years and no more than one year older than that person.

It is not a defense to a charge under this Chapter that the accused believed that the complainant was fifteen or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.

Consent is no defense to an offence under Article 309 (Incest) or Article 310 (Homosexual Conduct).

Consent is no defense to an offence under this Chapter where the person who is purported to have consented was incapable of giving consent by reason of mental incapacity or intoxication.