77   Consent no defence in certain cases

(1)  The consent of a woman, girl, pupil, daughter, or step-daughter the subject of the charge shall be no defence to any charge under section 61E (2), 67, 68, 71, 72, 72A, 73 or 74, or, if a female the subject of the charge be under the age of sixteen years, to any charge under section 61E (1):

Provided that it shall be a sufficient defence to any charge which renders a person liable to be found guilty of an offence under section 61E (2), 71 or 72, or if a female the subject of the charge be under the age of sixteen years to any charge under section 61E (1), if it be made to appear to the court or jury before whom the charge is brought:

(a)  that the girl was over the age of fourteen years at the time of the alleged offence, and

(b)  that she consented to the commission of the offence, and

(c)  that:

(i)  (Repealed)

(ii)  the person so charged had at the said time reasonable cause to believe, and did in fact believe, that she was of or above the age of sixteen years.

(2)  Subsection (1) has effect:

(a)  in relation to a charge under section 76 as in force at any time before the commencement of Schedule 1 to the Crimes (Sexual Assault) Amendment Act 1981, in the same way as it has effect in relation to a charge under section 61E (1), and

(b)  in relation to a charge under section 76A as in force at any time before that commencement, in the same way as it has effect in relation to a charge under section 61E (2).