Following [name withheld], a jury direction that an accused can be convicted of rape even if he believed the complainant was consenting — provided the Crown proves awareness of the possibility of non-consent — constitutes a misdirection that cannot be saved by the proviso where consent is in issue. Consent and belief in consent may become live issues on a rape charge even where the accused's primary defence is denial of penetration, if the complainant's evidence is consistent with consent. The court identified a gap in the law where an accused who has administered drugs to induce consent may escape conviction if the Crown cannot disprove belief in consent, and called for legislative intervention.
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