The definition of consent in s 348 of the Criminal Code (Qld) applies to indecent assault under s 352, not only to rape under s 349. Consent must be 'given' — communicated by words, actions, or a combination — and mere inaction or submission does not constitute consent. Trial judges must give adequate directions on the significance of inaction to the question of consent, including that failure to object does not necessarily mean consent was given. The court provided a detailed model direction for cases where the complainant did not voice dissent.
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