A jury's acquittals on assault counts are not necessarily inconsistent with convictions on sexual offence counts where the complainant's evidence on the assault counts has a different quality (over-dramatisation) and the sexual offence counts are supported by independent corroborating evidence. A sentencing judge must not proceed on the basis of a sexual relationship extending beyond the charged maintaining period, as this effectively sentences for an uncharged offence contrary to R v D. A finding of 'countless' incidents of rape cannot be made where the complainant's evidence reveals confusion as to what constitutes rape.
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