An alternative verdict should not be left to the jury where the complainant's evidence is unequivocal on the element that would distinguish the primary offence from the alternative, and no basis can be identified in the evidence for the jury to draw a line in the complainant's testimony. Where a jury's guilty verdict on one count of a course of conduct is inconsistent with a not guilty verdict on another count arising from the same course of conduct, and no evidence can be identified supporting the first count that was not equally available on the second, the guilty verdict may be unreasonable. Jury directions on withdrawal of consent must specifically address the circumstances of the particular count and not merely repeat directions given for a different count involving different factual circumstances.
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