Where a complainant has repeatedly expressed a desire to leave before sexual intercourse, and the accused has taken no steps to ascertain consent, it is open to a jury to find that any belief in consent was not reasonable within the meaning of s 38(1)(c) of the Crimes Act 1958 (Vic). A trial judge's expressed view that the prosecution case is weak does not determine the appellate assessment of whether the verdict is unsafe or unsatisfactory. A Victim Impact Statement that does not disclose a prior unrelated sexual assault does not thereby impugn the complainant's credibility.
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