The definition of 'consent' in s 319(2)(a) of the Criminal Code (WA) — requiring consent to be freely and voluntarily given — applies to all Ch XXXI sexual offences including unlawful and indecent assault under s 323, even though the consent element derives from the definition of 'assault' in s 222. The second consent limb in s 222 ('with consent if obtained by fraud') is confined to offences outside Ch XXXI. Where the State alleges consent was obtained by fraud, deceit or fraudulent means, it must clearly specify the representation relied upon and the jury must be directed on the elements of fraud. The question whether a complainant's self-generated misunderstanding (not induced by or known to the accused) can vitiate consent was left open.
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