Section 347 of the Criminal Code (Qld) does not ordinarily require the trial judge to direct the jury to separately consider the two limbs of rape (without consent, and consent obtained by threats/intimidation); it is only in exceptional cases that such a distinction must be drawn. Consent under s 347 refers to a subjective state of mind at the time of penetration, and a complainant who fails to manifest dissent is not thereby taken to have consented. The question 'Did you consent?' is not objectionable as a leading question when directed to the complainant's subjective state of mind.
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