A promise of a gift or benefit in return for sexual favours does not, without more, render consent not 'freely and voluntarily given' under s 348(1) of the Criminal Code 1899 (Qld). Whether consent induced by such a promise was freely and voluntarily given depends on whether, having regard to the circumstances and the characteristics of the complainant (age, maturity, psychological and emotional state), the complainant was rendered unable to exercise freedom of choice. Trial judges must direct juries to focus on the effect of the promise on the complainant's ability to exercise free choice, not merely on whether the promise was a 'but for' cause of consent.
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