The objective seriousness of sexual intercourse without consent is not reduced by a prior sexual relationship between the offender and the victim. The proposition from English authorities (adopted in Wiren v R) that 'violation and defilement' may be present to a lesser degree where offender and victim had a prior sexual relationship is rejected as an unacceptable statement of the law. The prior relationship may be relevant to the offender's state of mind regarding consent (knowledge vs recklessness) but not to objective seriousness. On inconsistent verdicts, acquittals on some counts in a multi-count sexual assault trial do not necessarily impugn the complainant's credibility where the acquittals are explicable on other grounds such as failure to establish legal elements of the offence or the existence of competing versions on particular counts.
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