The scope of 'threats or intimidation of any kind' in s 347 of the Criminal Code (Qld) extends beyond threats of bodily harm to encompass non-physical threats, though the three judges differed on whether an objective threshold of 'substantial harm' is required (Pincus JA) or whether any threat that in fact induces consent suffices (McPherson JA). Evidence of the entire history of the sexual relationship between the accused and complainant is admissible where the issue is whether consent was obtained by threats, as it would artificially limit the jury's assessment to exclude it. The question left open is whether a threat of merely trivial disadvantage can found a conviction for rape under s 347.
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